DEPARTMENT OF TRANSPORTATION

Maritime Administration

Notice of Funding Opportunity for the Maritime Administration’s Port Infrastructure

Development Program (PIDP) under the Infrastructure Investment and Jobs Act

(“Bipartisan Infrastructure Law”) and Consolidated Appropriations Act, 2023

AGENCY: Maritime Administration, DOT

ACTION: Notice of Funding Opportunity

SUMMARY: This notice solicits applications for fiscal year (FY) 2023 Port Infrastructure

Development Program (PIDP) grants. Funds for FY 2023 PIDP grants will be awarded on a

competitive basis to assist in funding eligible projects for the purpose of improving the safety,

efficiency, or reliability of the movement of goods through ports and intermodal connections to

ports. This notice announces the availability of up to $662,203,512 in funding for grants under

this program and establishes selection criteria and application requirements. All PIDP grant

recipients must meet all applicable Federal requirements, including domestic content (“Buy

America”) requirements.

DATES: Applications must be submitted by 11:59:59 p.m. E.D.T. on April 28, 2023.

ADDRESSES: Applications must be submitted through Grants.gov.

FOR FURTHER INFORMATION CONTACT: For further information concerning this

notice, please contact the PIDP staff via email at PIDPgrants@dot.gov, or call Wade Morefield

at 202–366–6025. A TDD is available for individuals who are deaf or hard of hearing at 202–

366–3993. In addition, the Department of Transportation (“Department” or “DOT”) may post

answers to questions and requests for clarifications as well as information about webinars for

further information at https://www.maritime.dot.gov/PIDPgrants.

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SUPPLEMENTARY INFORMATION: Each section of this notice contains information and

instructions relevant to the application process for the FY 2023 PIDP discretionary grants, and

all applicants should read this notice in its entirety.

Table of Contents

A. Program Description

B. Federal Award Information

C. Eligibility Information

D. Application and Submission Information

E. Application Review Information

F. Federal Award Administration Information

G. Federal Awarding Agency Contacts

H. Other Information

A. Program Description

1. Program Overview

The PIDP statute, codified at 46 U.S.C. 54301, establishes the port and intermodal

improvement program to improve the safety, efficiency, or reliability of the movement of goods

through ports and intermodal connections to ports. The Infrastructure Investment and Jobs Act

(Pub. L. 117-58, November 15, 2021) (“Bipartisan Infrastructure Law” or “BIL”) appropriated

$450 million to the PIDP for FY 2023 to make discretionary grants for eligible PIDP projects.

The Consolidated Appropriations Act, 2023 (Pub. L. 117-328, December 29, 2022) (“FY 2023

Appropriations Act”) appropriated an additional $212,203,512 for the FY 2023 PIDP, for a total

of $662,203,512 appropriated to PIDP in FY 2023. MARAD intends to retain up to two percent

of this funding ($13,244,070.24) for grant administration and oversight as permitted under 46

U.S.C. 54301(a)(11)(A).
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This Notice of Funding Opportunity (NOFO) solicits applications for projects to be funded

under the FY 2023 PIDP. It includes the funding appropriated by the BIL and funding

appropriated for PIDP under the FY 2023 Appropriations Act. Applicants should note that the

two funding streams (BIL funding and FY 2023 Appropriations Act funding) have slightly

different funding restrictions and requirements that may affect the competitiveness of an

application. These differences are summarized below and further described in Sections B and C

of this notice.

In the previous four years that the program has made PIDP awards, the Department has

awarded $1.4 billion to projects that improve facilities within, or outside of and directly related

to operations of or an intermodal connection to, coastal seaports, inland river ports, and Great

Lakes ports consistent with DOT’s strategic goals.1 FY 2023 PIDP grants will continue to align

with these strategic goals. The FY 2023 PIDP round will be implemented, as appropriate and

consistent with law, in alignment with the priorities in Executive Order 14052, Implementation

of the Infrastructure Investment and Jobs Act (86 FR 64335), which are to invest efficiently and

equitably, promote the competitiveness of the U.S. economy, improve job opportunities by

focusing on high labor standards, strengthen infrastructure resilience to all hazards including

climate change, and coordinate effectively with State, local, Tribal, and territorial government

partners.

The Department seeks to fund projects under the PIDP that reduce greenhouse gas emissions

in the transportation sector, enable the deployment of clean energy including offshore wind,

incorporate evidence-based climate resilience measures and features, reduce the lifecycle

greenhouse gas emissions from the project materials, and avoid adverse environmental impacts

1
See U.S. Department of Transportation Strategic Plan FY 2022–2026 (April 2022) at
https://www.transportation.gov/dot-strategic-plan.
 4

to air or water quality, wetlands, and endangered species, and address the disproportionate

negative environmental impacts of transportation on disadvantaged communities, consistent with

Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619).

The Department seeks to award projects under the PIDP that proactively evaluate whether a

project will create proportional impacts to all populations in a project area and increase equitable

access to project benefits, consistent with Executive Order 13985, Advancing Racial Equity and

Support for Underserved Communities Through the Federal Government (86 FR 7009). The

Department also seeks to award projects that address equity and environmental justice,

particularly for communities that have experienced decades of underinvestment and are most

impacted by climate change, pollution, and environmental hazards, consistent with Executive

Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619).

The Department intends to use the PIDP to support the creation of good-paying jobs with the

free and fair choice to join a union and the incorporation of strong labor standards and training

and placement programs, especially registered apprenticeships, in project planning stages,

consistent with Executive Order 14025, Worker Organizing and Empowerment (86 FR 22829)

and Executive Order 14052, Implementation of the Infrastructure Investment and Jobs Act (86

FR 64335). The Department also intends to use the PIDP to support wealth creation, consistent

with the Department’s Equity Action Plan,2 through the inclusion of local inclusive economic

development and entrepreneurship such as the utilization of Disadvantaged Business Enterprises,

Minority-owned Businesses, Women-owned Businesses, or 8(a) firms.

2. Changes from the FY 2022 NOFO

2
https://www.transportation.gov/sites/dot.gov/files/2022-04/Equity_Action_Plan.pdf.
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The FY 2023 NOFO includes updated selection considerations pertaining to: Climate Change

and Sustainability; Equity and Justice40; and Workforce Development, Job Quality, and Wealth

Creation; as described in more detail in Section D of this NOFO. The FY 2023 PIDP NOFO

includes updated definitions described in Section A.3., below. Application review criteria in

Section E of the FY 2023 PIDP NOFO have been updated to reflect revised selection

considerations. Other changes have been made throughout the FY 2023 PIDP NOFO to better

illustrate application requirements.

Applicants who are planning to re-apply using materials prepared for prior competitions

should ensure that their FY 2023 PIDP application fully addresses the statutory merit criteria and

selection considerations described in this notice and that all relevant information is up to date.

3. Definitions

Climate Change: Changes in average weather conditions that persist over multiple decades or

longer due to natural or anthropogenic activities, especially from greenhouse gas emissions.

Climate change encompasses both increases and decreases in temperature, as well as shifts in

precipitation, changing risk of certain types of severe weather events, and changes to other

features of the climate system.

Coastal seaport: A port on navigable waters of the United States or territories that is subject to

the U.S. Army Corps of Engineers regulatory jurisdiction for oceanic and coastal waters under

33 CFR 329.12 or that is otherwise capable of receiving oceangoing vessels with a draft of at

least 20 feet (other than a Great Lakes port).

Development phase activities: Includes planning, feasibility analysis, revenue forecasting,

environmental review, permitting, and preliminary engineering and design work.

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Environmental justice: The fair treatment and meaningful involvement of all people regardless of

race, color, national origin, or income, with respect to the development, implementation, and

enforcement of environmental laws, regulations, and policies.3

Equity: The consistent and systematic fair, just, and impartial treatment of all individuals,

including individuals who belong to underserved communities that have been denied such

treatment. More information can be found in Executive Order 13985, Advancing Racial Equity

and Support for Underserved Communities Through the Federal Government (86 FR 7009).

Great Lakes port: A port on the Great Lakes and their connecting and tributary waters as defined

under 33 CFR 83.03(o).

Historically Disadvantaged Communities: DOT has developed a definition of Historically

Disadvantaged Communities as part of its implementation of the Justice40 Initiative and will use

that definition for the purpose of this NOFO. Consistent with OMB’s Interim Guidance for the

Justice40 Initiative,4 Historically Disadvantaged Communities include (a) certain qualifying

census tracts, (b) any Tribal land, or (c) any territory or possession of the United States. DOT is

providing a mapping tool to assist applicants in identifying whether a project is located in a

Historically Disadvantaged Community.5

Inland river port: A harbor, marine terminal, or other shore side facility used principally for the

movement of goods on inland waters.

Large project: A project at a port other than a small port, regardless of the amount of PIDP

funding sought in the application; or, a project at a small port for which the amount of PIDP

funding sought in the application is greater than $11.25 million.

3
As defined by the U.S. Environmental Protection Agency (EPA) at https://www.epa.gov/environmentaljustice/ej-
2020-glossary.
4
https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf.
5
A mapping tool is available through the PIDP website: www.maritime.dot.gov/PIDPgrants or directly at
https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a.
 7

Overburdened community: Minority, low-income, tribal, or indigenous populations or

geographic locations in the United States that potentially experience disproportionate

environmental harms and risks. This disproportionality can be a result of greater vulnerability to

environmental hazards, lack of opportunity for public participation, or other factors. Increased

vulnerability may be attributable to an accumulation of negative or lack of positive

environmental, health, economic, or social conditions within these populations or places. The

term describes situations where multiple factors, including both environmental and socio-

economic stressors, may act cumulatively to affect health and the environment and contribute to

persistent environmental health disparities.6

Port resilience: The ability to anticipate, prepare for, adapt to, withstand, respond to, and recover

from operational disruptions and sustain critical operations at ports, including disruptions caused

by natural or climate-related hazards (such as extreme temperatures, sea level rise, flooding,

earthquakes, hurricanes, tsunami inundation, wildfire, or other extreme weather events) or

human-made disruptions such as terrorism, cyberattacks, disruptions to Position, Navigation, and

Timing (PNT) data via the Global Positioning System (GPS) whether intentional or

unintentional, public health emergencies, or shortages/bottlenecks at key elements of the supply

chain.

Rural area: An area located outside a 2010 Census-designated urbanized area.7

Small port: A coastal seaport, Great Lakes, or inland river port to and from which the average

annual tonnage of cargo for the immediately preceding three calendar years from the time an

6
As defined by the EPA at https://www.epa.gov/environmentaljustice/ej-2020-glossary.
7
For the purpose of this NOFO, the definition of urban and rural areas is based on the 2010 Census. The PIDP
statute defines “rural area” as “an area that is outside an urbanized area.” A project located in both an urbanized and
a rural area will be designated as urban if the majority of the project’s costs will be spent in the urbanized area.
Conversely, a project located in both an urbanized area and a rural area will be designated as rural if the majority of
the project’s costs will be spent in rural areas. For PIDP planning grants, the location of the project being planned,
prepared, or designed will be used for the urban or rural designation.
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application is submitted is less than 8,000,000 short tons, as determined using U.S. Army Corps

of Engineers data or data provided by an independent audit the findings of which are acceptable

to the Secretary. For joint applications, MARAD will use the status of the lead (eligible)

applicant when determining whether the project is for a small port. In determining whether the

applicant qualifies as a small port, MARAD will use the tonnage results of the U.S. Army Corps

of Engineers statistical area in which the project is located. Generally, the findings of an

independent audit provided by an applicant will only be acceptable if MARAD cannot otherwise

validate the applicant’s status using the U.S. Army Corps of Engineers data.

Small project at a small port: A project at a small port seeking less than or equal to $11.25

million in funding under 46 U.S.C. 54301(b).

Underserved communities: Populations sharing a particular characteristic, as well as geographic

communities, that have been systematically denied a full opportunity to participate in aspects of

economic, social, and civic life, as exemplified by the list in the definition of “equity” above.

More information can be found in Executive Order 13985, Advancing Racial Equity and Support

for Underserved Communities Through the Federal Government (86 FR 7009).

Urban area: An area located within (or on the boundary of) a 2010 Census-designated urbanized

area.8

4. Additional Information

The PIDP is described in the Federal Assistance Listings under the assistance listing program

title “Port Infrastructure Development Program” and assistance listing number 20.823.

8
Lists of 2010 urbanized areas as defined by the Census Bureau are available on the Census Bureau website at
https://www.census.gov/geographies/reference-maps/2010/geo/2010-census-urban-areas.html. MARAD will use the
Census 2010 data available through the following website to determine whether a project is in an urban or rural area:
https://tigerweb.geo.census.gov/tigerweb2020/. Select “Census 2010” from the drop down options under “Select
Vintage” in the upper left-hand corner of the page. Note that rural and urban definitions differ in some other DOT
programs.
 9

B. Federal Award Information

1. Amount Available

MARAD intends to award up to $662,203,512 on a competitive basis for projects that

improve facilities within, or outside of and directly related to operations of or an intermodal

connection to, coastal seaports, inland river ports, and Great Lakes ports. This amount includes

up to $450 million, as provided for in the BIL, and up to $212,203,512, as provided for in the FY

2023 Appropriations Act. Applicants should note that the two funding streams (BIL and FY

2023 Appropriations Act funding) have slightly different restrictions and requirements that may

affect competitiveness of certain funding requests. Additionally, pursuant to 46 U.S.C.

54301(a)(7)(B), MARAD will reserve 25 percent of the appropriated funds ($165,550,878) for

projects meeting certain requirements described in this notice for “small projects at small ports.”

MARAD will retain up to two percent ($13,244,070.24) of the funds appropriated for necessary

costs of grant administration as permitted under 46 U.S.C. 54301(a)(11)(A). If MARAD does not

receive sufficient qualified applications, it will award less than the amount available.

In addition to the FY 2023 PIDP funds, unobligated prior year PIDP funds may be made

available and awarded under this solicitation to eligible projects. If this solicitation does not

result in the award and obligation of all available funds, MARAD may publish additional

solicitations.

2. Award Size

For funding awarded under the BIL, there is no minimum award size. For all projects funded

under the FY 2023 Appropriations Act, the minimum PIDP award size is $1 million. Therefore,

funding requests below the FY 2023 Appropriations Act minimum will only be considered for

funding from the BIL; they will not be eligible to compete for the full amount of funding
 10

available. Except as limited by the amount of available funding and statutory restrictions on

funding identified in Section B.3., there is no maximum award size.

3. Restrictions on Funding

The BIL, FY 2023 Appropriations Act, and 46 U.S.C. 54301 impose several restrictions on

awards under this notice:

 Not more than 25 percent of the available funds ($165,550,878) can be awarded

for projects in any one State.

 For funding awarded under the FY 2023 Appropriations Act, at least

$187,203,512 is reserved for grants to coastal seaports or Great Lakes ports as defined in Section

A.3.

 Twenty-five percent of the available funds ($165,550,878) is reserved for small

projects at small ports awarded under 46 U.S.C. 54301(b), which are defined in Section A.3. of

this notice. Of the reserved amount, not more than 10 percent ($16,555,087.80) may be used to

make grants for development phase activities under 46 U.S.C. 54301(b)(3)(A)(ii)(III).

 Not more than 10 percent ($49,665,263.40) of the funds not reserved for small

projects at small ports may be awarded for development phase activities for large projects (as

defined in Section A.3. of this notice) that do not result in construction.

 Additionally, to maximize flexibility for applicants and optimize the number of

grants that can be awarded, MARAD will limit any single award to a small project at a small

port to not more than $11.25 million under both the BIL and the FY 2023 Appropriations Act

funding.

4. Availability of Funds

MARAD seeks to obligate FY 2023 PIDP funds by September 30, 2026. Obligation occurs

when a selected applicant and MARAD enter into a written grant agreement after the applicant
 11

has satisfied applicable administrative requirements, including transportation planning and

environmental review requirements, such as those under the National Environmental Policy Act

(NEPA). Unless “pre-award costs” are authorized by MARAD in writing after MARAD’s

announcement of FY 2023 PIDP award selections pursuant to 46 U.S.C. 54301(a)(10)(B) or

2 CFR 200.458, any costs incurred prior to MARAD’s obligation of funds for a project are

ineligible for reimbursement and are ineligible to count as match for cost share requirements.9

Per 46 U.S.C. 54301(a)(11)(B)(ii), MARAD also expects grant recipients to expend funds within

five years of obligation. As part of the review and selection process described in Section E.2.,

MARAD will consider a project’s likelihood to be ready for obligation of funds by September

30, 2026, and liquidation of these obligations within five years after the date of obligation.

5. Previous PIDP Awards

Recipients of prior PIDP grants may apply for funding to support additional phases of a

project previously awarded funds under the PIDP. However, to be competitive, the applicant

should demonstrate the extent to which the previously funded project phase has met estimated

project scope, schedule, and budget milestones, as well as how the new phase will enhance the

ability to achieve the benefits expected for all phases of the project.

C. Eligibility Information

To be selected for a FY 2023 PIDP discretionary grant, an applicant must be an eligible

applicant and the project must be an eligible project.

1. Eligible Applicants

An eligible applicant for a FY 2023 PIDP grant is a port authority, a commission or its

subdivision or agent under existing authority, a State or political subdivision of a State or local

9
Pre-award costs are only costs incurred directly pursuant to the negotiation and anticipation of the PIDP award
where such costs are necessary for efficient and timely performance of the scope of work, as determined and pre-
approved in writing by MARAD.
 12

government,10 an Indian Tribe,11 a public agency or publicly chartered authority established by

one or more States, a special purpose district with a transportation function, a multistate or

multijurisdictional group of entities, or a lead entity described above jointly with a private entity

or group of private entities (including the owners or operators of a facility, or collection of

facilities, at a port). Federal agencies are not eligible applicants for the FY 2023 PIDP.

If submitting a joint application, applicants must identify in the application the eligible lead

applicant as the primary point of contact. The lead applicant, who will be responsible for

financial administration of the project, must be an eligible lead entity described above (i.e., not a

private entity). Joint applications must include a memorandum of understanding as an attachment

signed by all the entities that includes a description of the roles and responsibilities of each

entity. See Section D.2.b. for more information.

In order to be eligible for award, eligible applicants must demonstrate that they have the

authority to carry out the project and must submit information related to an assertion with

citation of authority with their application. In the case of joint applications, at least one of the

eligible applicants must demonstrate this authority. See Section D.2.i. for more information.

2. Cost Sharing or Matching

This section of the notice describes cost share requirements for a FY 2023 PIDP grant award.

Per 46 U.S.C. 54301(a)(8), the Federal share of the total costs of an eligible PIDP project may

not exceed 80 percent; however, the Secretary may increase the Federal share of costs above 80

percent for: (1) a grant for a project that is located in a rural area; or (2) a grant awarded to a

10
State means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.
11
An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304), without regard to capitalization), or a consortium of Indian Tribes.
 13

small project at a small port under 46 U.S.C. 54301(b). “Rural area” and a “small project at a

small port” are defined in Section A.3. of this notice.

Applicants should use the following equation when determining the cost share for their

project:

𝑃𝐼𝐷𝑃 𝐺𝑟𝑎𝑛𝑡 𝑅𝑒𝑞𝑢𝑒𝑠𝑡 𝑂𝑡ℎ𝑒𝑟 𝐹𝑒𝑑𝑒𝑟𝑎𝑙 𝐹𝑢𝑛𝑑𝑠

𝐹𝑒𝑑𝑒𝑟𝑎𝑙 𝐶𝑜𝑠𝑡 𝑆ℎ𝑎𝑟𝑒
𝑇𝑜𝑡𝑎𝑙 𝑃𝑟𝑜𝑗𝑒𝑐𝑡 𝐶𝑜𝑠𝑡

For the PIDP, Total Project Cost means the sum of future eligible Federal and non-Federal

costs that have not yet been incurred. This cannot include any previously incurred costs, except

for small projects at small ports, which may include certain costs incurred after grant application

submittal but before announcement of project selection.

Non-Federal sources include State funds originating from programs funded by State revenue,

local funds originating from State or local revenue-funded programs, or private funds. The

application must demonstrate, such as through a commitment letter or other documentation

included in the PIDP application, the sources of the non-Federal funds. Unless otherwise

authorized by statute, funds used to satisfy the non-Federal cost-share requirements of a different

Federal program may not be counted as the non-Federal cost share for both the FY 2023 PIDP

grant award and another Federal grant program.

MARAD will not consider previously incurred costs or previously expended or encumbered

funds towards the non-Federal cost-share requirement, except for awards made under 46 U.S.C.

54301(b) (small projects at small ports). For awards made under 46 U.S.C. 54301(b), MARAD

may consider certain eligible pre-construction costs towards the non-Federal cost-share

requirement if incurred after the date of application submittal but before announcement of

project selection, and if the costs are clearly indicated in the budget included in the application
 14

and comply with all applicable Federal requirements. All non-Federal cost-share funds are

subject to the same Federal requirements described in Section F.2. as awarded funds.

For the purpose of eligibility, the proceeds of Federal assistance under chapter 6 of Title 23,

United States Code or sections 501 through 504 of the Railroad Revitalization and Regulatory

Reform Act of 1976 (Public Law 94-210), as amended, shall be considered to be part of the non-

Federal share of project costs if the loan is repayable from non-Federal funds, unless otherwise

requested by the project sponsor.

See Section D.2.d. for information about documenting cost sharing in the application.

In addition to these cost share requirements, cost share will be evaluated according to the

“Leveraging Federal Funding” criterion described in Section E.1.a.(3).

For each project that receives a PIDP grant award, the terms of the award will require the

recipient to complete the project using at least the level of non-Federal funding that was

specified in the application. If the actual costs of the project are greater than the costs estimated

in the application, the recipient will be responsible for increasing the non-Federal contribution. If

the actual costs of the project are less than the costs estimated in the application, MARAD will

generally reduce the Federal contribution.

3. Other

a. Eligible Projects

Eligible projects for FY 2023 PIDP grants shall be located either within the boundary of a

port, or outside the boundary of a port and directly related to port operations or to an

intermodal connection to a port. Grants may be made for capital projects that will be used to

improve the safety, efficiency, or reliability of:

(I) the loading and unloading of goods at the port, such as for marine terminal

equipment;
 15

(II) the movement of goods into, out of, around, or within a port, such as for

highway or rail infrastructure, intermodal facilities, freight intelligent transportation

systems, and digital infrastructure systems;

(III) operational improvements, including projects to improve port resilience; or

(IV) environmental and emissions mitigation measures, including projects for—

(a) port electrification or electrification master planning;

(b) harbor craft or equipment replacements or retrofits;

(c) development of port or terminal microgrids;

(d) provision of idling reduction infrastructure;

(e) purchase of cargo handling equipment and related infrastructure;

(f) worker training to support electrification technology;

(g) installation of port bunkering facilities from ocean-going vessels for fuels;

(h) electric vehicle charging or hydrogen refueling infrastructure for drayage and

medium or heavy-duty trucks and locomotives that service the port and related grid

upgrades; or

(i) other related port activities, including charging infrastructure, electric rubber-

tired gantry cranes, and anti-idling technologies.

As described in section 3522(b) of the James M. Inhofe National Defense Authorization Act

for Fiscal Year 2023 (Pub. L. 117-263, December 23, 2022), eligible projects also include

projects to provide shore power at a port that services:

1) passenger vessels described in section 3507(k) of title 46, United States Code; and

2) vessels that move goods or freight.

This program will not fund construction, reconstruction, reconditioning, or purchase of a

vessel, unless the Secretary determines such vessel is necessary for a project under Section
 16

C.3.a.(IV), above, and is not already receiving assistance under 46 U.S.C. chapter 537. In

addition, this program will not fund any project within a small shipyard (as defined in 46 U.S.C.

54101).

Improvements to Federally owned facilities are ineligible under the FY 2023 PIDP.

This program will not fund the purchase or installation of fully automated cargo handling

equipment, or the installation of terminal infrastructure that is designed for fully automated cargo

handling equipment, if the Secretary determines that such equipment would result in a net loss of

good jobs or reduction in the quality of jobs within the port or port terminal. In general, fully

automated cargo handling systems transfer materials without the need, or a significantly reduced

need, for human assistance. Such systems may be remotely operated or monitored, with or

without the exercise of human intervention or control. Applicants that propose projects that

include the acquisition of eligible cargo handling equipment or terminal infrastructure for cargo

handling equipment must indicate in their application whether or not the equipment is fully

automated (or whether the terminal infrastructure is designed for fully automated equipment). If

fully automated equipment is proposed to be acquired or terminal infrastructure for such

equipment is proposed to be created, the applicant must provide information describing the job

changes that will result from the project, including supporting evidence demonstrating that the

project will not directly result in a net loss of good jobs or degradation of job quality.

Activities eligible for funding under PIDP planning grants include those related to

development phase activities—such as planning, feasibility analysis, revenue forecasting,

environmental review, permitting, preliminary engineering and design work, development of

master plans, electrification master planning, and planning to address a port’s ability to withstand

probable occurrence or recurrence of an emergency or major disaster—of eligible PIDP capital

 17

projects described above in this Section C.3.a. and may not result in construction with FY 2023

PIDP funding.

Under the FY 2023 PIDP, if an application includes right-of-way acquisition, the project will

be considered a capital project. Projects that include right-of-way acquisition should include a

timeline for construction.

b. Project Components

An application may describe a project that contains more than one component and may

describe components that may be carried out by parties other than the applicant. MARAD

expects and will impose requirements on fund recipients to ensure that all components included

in an application will be delivered as part of the PIDP project, regardless of whether a

component includes Federal funding. The status of each component should be clearly described

(for example, in the project schedule). MARAD may award funds for a component, instead of

the larger project, if that component: (1) independently meets all eligibility requirements

described in Section C; (2) independently aligns well with the selection criteria identified in this

NOFO; and (3) meets NEPA requirements with respect to independent utility. Independent

utility means that the component will represent a transportation improvement that is usable even

if no other improvement is made in the area and will be ready for intended use upon completion

of that component’s construction. All project components that are presented together in a single

application must demonstrate a relationship or connection among them.

Applicants should be aware that, depending upon the relationship between project

components and applicable Federal law, DOT funding of some project components may make

other project components subject to Federal requirements as described in Section F.2.

MARAD strongly encourages applicants to identify in their applications the project

components that have independent utility and separately detail costs and requested PIDP funding
 18

for those components. If the application identifies one or more independent project components,

the application should clearly identify how each independent component addresses the selection

criteria and produces benefits on its own, in addition to describing how the full proposal of

which the independent component is a part addresses the selection criteria described in Section

E.

c. Application Limit

Each eligible applicant may submit no more than one application. If an applicant submits

multiple applications, only the last one received by MARAD will be considered.

D. Application and Submission Information

1. Address to Request Application Package

Application materials may be accessed on Grants.gov. Applications must also be submitted

to Grants.gov. Instructions for submitting applications can be found at

https://www.maritime.dot.gov/office-port-infrastructure-development/port-and-terminal-

infrastructure-development/how-apply-port along with specific instructions for the forms and

attachments required for submission.

2. Content and Format of Application Submission

The application must include the Standard Form (SF) 424 (Application for Federal

Assistance) and the Project Narrative. More detailed information about the Project Narrative

follows. Applicants are encouraged to also complete the SF-424C (Budget Information –

Construction Programs). These forms may be found on Grants.gov and are also available at

www.maritime.dot.gov/PIDPgrants.

MARAD expects the Project Narrative be prepared with standard formatting preferences (a

single-spaced document, using a standard 12-point font such as Times New Roman, with 1-inch

margins, and the narrative text in one column only). Documents should be submitted in PDF,
 19

unless otherwise specified (e.g., Benefit-Cost Analysis (BCA) calculations should be submitted

in an unlocked Excel spreadsheet). The Project Narrative may not exceed 30 pages in length,

excluding cover pages and table of contents. The only substantive portions that may exceed the

30-page limit are documents supporting assertions or conclusions made in the 30-page Project

Narrative and documentation related to the required determinations. Except for the BCA,

evaluators are not required to review supporting documents as part of the selection criteria

review described in Section E. Supporting documentation should be dated, and MARAD

recommends using appropriately descriptive file names (e.g., “Project Narrative,” “Maps,”

“Memoranda of Understanding and Letters of Support”) for all attachments. If supporting

documents are submitted, applicants should clearly identify within the Project Narrative the

relevant portion of the Project Narrative that each supporting document supports.12

MARAD recommends that the Project Narrative follow the basic outline below to ensure

applications address all applicable requirements and assist evaluators in locating relevant

information.

Introductory Information ……………………………………………….See D.2.a.

Section I: Project Description …………………………………………..See D.2.b.

Section II: Project Location .................................................................... See D.2.c.

Section III: Grant Funds, Sources, and Uses of Project Funds ............... See D.2.d.

Section IV: Merit Criteria ……………………………........................... See D.2.e.

Section V: Selection Considerations…………………………………….See D.2.f.

12
Although they are not required to do so, applicants are strongly encouraged to include a list of their supporting
documents on the last page of their Project Narrative and to attach the documents to their application package in the
following order: Project Narrative; Attachments Form; BCA narrative; BCA spreadsheet (in an unprotected format);
project schedule; funding commitment letter(s); MOUs; project engineering drawings; project planning documents;
SF-424 C, Budget Information for Construction Programs; project cost estimate information; letters of support; other
documentation.
 20

Section VI: Project Readiness ................................................................. See D.2.g.

Section VII: Domestic Preference ........................................................... See D.2.h.

Section VIII: Determinations….………………………………………... See D.2.i.

The Project Narrative should include the information necessary for MARAD to determine

that the project satisfies project requirements described in Sections B and C and to assess the

criteria specified in Section E.1. In addition to a detailed statement of work, detailed project

schedule, and detailed project budget, the Project Narrative should include a table of contents,

maps, photographs, and graphics, as appropriate, to make the information easier to review and

the project location and scope easier to understand. Applicants should provide supporting data

and documentation in a form that is directly verifiable by MARAD. MARAD expects

applications to be complete upon submission and will evaluate the application based on the

information submitted. MARAD may ask any applicant to supplement data in its application but

is not required to do so. Lack of supporting information provided with the application negatively

affects competitiveness of the application, as described in Section E.2.

MARAD recommends applications include the following content:

a. Introductory Information

Each application should include a cover page with information about the project included

in the following chart:

Field Name Guidance

Name of lead applicant
Is the applicant applying as a lead applicant If yes, identify by name each of the joint
with any joint applicants? applicants.
Project name Provide a concise (five- to seven-word) name
of the project. For example: “Wharf and
Uplands Improvement Project”
Project description Provide a brief (no more than 100 words)
description of the project that focuses on what
the project consists of. For example: “This
project will fund construction of a new wharf
 21

Field Name Guidance

at the X Terminal, renovate the uplands
adjacent to the wharf, construct a 100,000 SF-
refrigerated warehouse, and install
approximately 20,000 LF of track to connect
the new facilities to the port’s rail switch
yard.”
Is this a planning project? Yes or No.
Is this a project at a coastal, Great Lakes, or Specify coastal, Great Lakes, or inland river
inland river port? port.
Is this project located in a noncontiguous Yes or No. If yes, name the State or U.S.
State or U.S. territory? territory.
GIS Coordinates (in Latitude and Longitude Provide the GIS coordinates of the
format) approximate geographic center of the project.

The latitude and longitude of the project are

to be reported as decimal degrees with a
minimum of 5 decimal places.
Is this project in an urban or rural area? Use the guidance in Section A.3. of the
NOFO to answer this question.
Project Zip Code Identify the zip code that corresponds to the
GIS coordinates identified above.
Is the project located in a Historically Answer yes only if the project is wholly or
Disadvantaged Community (HDC) or a partially in a zone. Identify the type of zone
Community Development Zone (CDZ)? (A in which the project is located. If the project
CDZ is a Choice Neighborhood, is located in multiple zones, the project will
Empowerment Zone, Opportunity Zone, or be designated as an HDC or CDZ if the
Promise Zone.) majority of the Project’s costs will be spent in
the area that qualifies as an HDC or CDZ.
Has the same project been previously If so, identify the program and year of the
submitted for PIDP funding? prior submission (such as “PIDP FY 2022”).
Is the applicant applying for other If so, identify the program, amount of funding
discretionary grant programs in 2023 for the requested and scope (such as RAISE FY
same work or related scopes of work? 2023, $25 million, components 1 and 2 of this
PIDP project).
Has the applicant previously received TIGER, If so, identify the program and year of the
BUILD, RAISE, FASTLANE, INFRA or prior submission (such as “INFRA FY
PIDP funding? 2022”).
PIDP Grant Amount Requested Enter the total amount of PIDP grant funds
requested.
Total Project Cost Total Project Cost will be equal to the Total
Future Eligible Project Cost, including the
PIDP grant amount requested. (Only for small
projects at small ports can this cost include
previously incurred expenses).
Total Federal Funding Enter the amount of Federal funding from
ALL sources that will be used for this project
 22

Field Name Guidance

(include the amount of PIDP grant funding
requested).
Total Non-Federal Funding Enter the amount of funds committed to the
project from non-Federal sources.
Will RRIF or TIFIA funds be used as part of Indicate whether RRIF or TIFIA funding will
the project financing? be used for the project. If so, indicate the
amount of funds that will be used.

b. Section I: Project Description

This section of the Project Narrative should include a detailed statement of work and describe

the proposed PIDP project that is to be planned or constructed, focusing on the technical and

engineering aspects of the project as well as the current design status of the project. This section

should also describe the transportation challenges that the project is intended to address and how

the project will address those challenges. This section may discuss the project’s history,

including a description of any previously completed components, as well as be used to place the

project into a broader context of other transportation infrastructure investments being pursued by

the project sponsor; however, the applicant should make clear which investments are outside the

scope of the proposed PIDP project.

If submitting a joint application, applicants should also identify in this section the lead

recipient of the award, who will also be responsible for financial administration of the project.

Joint applications must include a description of the roles and responsibilities of each applicant

and include a memorandum of understanding signed by all of the eligible applicants as an

attachment.

c. Section II: Project Location

This section of the application should describe the project location, including a map and

photographs of the project’s location and connections to existing transportation infrastructure,

and geospatial data describing the project location.

 23

Applicants should submit with their application a file with project location identification. The

file is needed to verify urban/rural, HDC, and CDZ designations. It can be submitted in one of

the following file types: Shapefile, Geodatabase (GDB), GEOJSON, KML/KMZ or CSV. Please

note that the project area listed in the file should only include the direct physical location of the

infrastructure project. It should not include a broad service area or area of project impact.13

This section should also clearly identify whether the project is: located in a rural or urban

area (as defined in Section A.3.); a project at a coastal, Great Lakes, or inland river port (as

defined in Section A.3.); a small project at a small port (as defined in Section A.3.) seeking

funding under 46 U.S.C. 54301(b); located in a HDC (as defined in Section A.3.), including the

relevant census tract(s)14; and whether the project is located in one of four Federally-designated

CDZ (Opportunity Zones,15 Empowerment Zones,16 Promise Zones,17 or Choice

Neighborhoods18), including the zone and related identifying data (such as the zone number).

The description should also include demographic information describing any minority, low

income, or limited English proficient communities in the vicinity of, and potentially impacted by,

the proposed project.19

d. Section III: Grant Funds, Sources, and Uses of Funds

13
For additional instructions on creating an acceptable Project Location file, please see
https://www.maritime.dot.gov/PIDP%20Grants/FAQs.
14
A project located in both HDC areas and areas that are not HDC areas will be designated as HDC if the majority
of the project’s costs will be spent in the area that qualifies as HDC. For PIDP planning grants, the location of the
project being planned, prepared, or designed will be used for the HDC designations.
15
See https://opportunityzones.hud.gov/.
16
See https://hudgis-
hud.opendata.arcgis.com/datasets/1101a6c1e2364302b70485ca99fc7e69_0/explore?location=34.281504%2C-
88.129614%2C4.64.
17
See https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz.
18
See https://www.hud.gov/program_offices/public_indian_housing/programs/ph/cn.
19
Applicants are encouraged to utilize EPA’s EJScreen or DOT’s Transportation Disadvantaged Census Tracts tool
to identify the demographics of the communities potentially impacted by the project.
 24

This section should describe the budget for the PIDP project (i.e., the project scope that

includes PIDP funding and matching funding), including information about the degree of design

completion (e.g., 30 percent design) for which the cost was estimated. Except for a project

seeking funding under 46 U.S.C. 54301(b), the budget should not include any previously

incurred expenses that are incurred prior to MARAD’s announcement of project selection.

Applicants should carefully consider the differing funding restrictions for the BIL funding and

the FY 2023 Appropriations Act funding, which could affect competitiveness and are further

described in Sections B and C. If the budget presented in the application shows a grant request

less than $1 million, the application will be competing for only the BIL funding.

Project budgets should show how different funding sources will share in each activity and

present those data in dollars and percentages. The budget should identify other Federal funds, if

any, that the applicant intends to use. Funding sources should be grouped into three categories:

non-Federal, PIDP, and other Federal, with specific amounts from each funding source. The

budget details should sufficiently demonstrate that the project satisfies the statutory non-Federal

cost-sharing requirements described in Section C.2. in order for MARAD to make the

determination at Section E.1.e. At a minimum, the project budget should include: total Project

Costs for the FY 2023 PIDP project (see Section C.2. for definition of Total Project Cost); FY

2023 PIDP grant funding request; specific source, amount, type (grant, loan, etc.), and match

requirements of other Federal funds to be used for eligible project costs; specific sources and

amounts of non-Federal funds, if included, to be used for eligible project costs; and if the project

is located in two or more census tracts or is located only partially within an urbanized area, the

budget needs to separate the costs between the various census tracts or areas designated as urban

and rural.
 25

In addition to the information enumerated above, this section should provide complete

information on how all project funds may be used. For example, if a particular source of funds is

available only after a condition is satisfied, the application should identify that condition and

describe the applicant’s control over whether it is satisfied. Similarly, if a particular source of

funds is available for expenditure only during a fixed time period, the application should

describe that restriction. Complete information about project funds will ensure that MARAD’s

expectations for award execution align with any funding restrictions unrelated to MARAD, even

if an award differs from the applicant’s request. If a funding source is uncertain, the applicant

should state that it is uncertain and describe the source of the uncertainty.

Applicants are encouraged to include the budget table below, filled out with project details:
[Component  [Component 
  1]  2]  Total 
PIDP Funds:  [$XXX]  [$XXX]  [$XXX] 
Other Federal Funds:  [$XXX]  [$XXX]  [$XXX] 
Non‐Federal Funds:  [$XXX]  [$XXX]  [$XXX] 
Total:  [$XXX]  [$XXX]  [$XXX]   
If there is only a single component, remove “Component 2” column. If there are more than 2 components, add
columns.

The budget should clearly identify any project expenses between the time of MARAD’s

announcement of project selections and obligation that the applicant intends to request approval

from MARAD to expend pursuant to 46 U.S.C. 54301(a)(10)(B) to count toward the non-Federal

cost share if its application is selected for award.20 These pre-obligation costs must still comply

with all Federal requirements, including NEPA.

20
Selection for a FY 2023 PIDP grant award does not constitute MARAD approval of pre-obligation costs. Instead,
a recipient must apply to MARAD after announcement of project selection in order to incur and expend these costs
pursuant to the process described in 46 U.S.C. 54301(a)(10)(B) and applicable MARAD requirements. MARAD
approval of these costs is not guaranteed; therefore, an applicant should not rely on receiving this approval and
should be prepared to only begin incurring costs once a grant agreement is executed and funds are obligated.
 26

The discussion should also reference (and summarize) supporting documentation of funding

commitments for non-Federal funds to be used for eligible project costs. This supporting

documentation must be submitted as an appendix and clearly marked. In preparing this section,

applicants should also refer to the “Leveraging Federal Funding” merit criterion in Section

D.2.e.(3).

e. Section IV: Merit Criteria

This section of the application should demonstrate how the project aligns with the merit

criteria described in Section E.1. of this notice. PIDP statutory merit criteria are: Achieving

Safety, Efficiency, or Reliability Improvements; Supporting Economic Vitality; Leveraging

Federal Funding; and Port Resilience.

To assist project evaluators, MARAD encourages applicants to describe the project merit

criteria in the order in which they are described in the NOFO and address each criterion

separately. Insufficient information to assess any criterion will negatively impact the project

rating. To minimize redundant information in the application, MARAD encourages applicants to

cross-reference from this section of their application to relevant substantive information in other

sections of the application. The guidance in this section is about how the applicant should

organize their application. Guidance describing how MARAD will evaluate projects against the

selection criteria is in Section E.1. of this notice. Applicants should review that section before

considering how to organize their application.

(1) Section A: Achieving Safety, Efficiency, or Reliability Improvements

This section of the application must clearly demonstrate how a proposed project would

improve the safety, efficiency, or reliability of the movement of goods through a port. Applicants

should detail specific elements of the project and their forecasted impact on port performance
 27

indicators (such as improvements in vessel dwell times, truck turn times, capacity, throughput,

reduced vehicle crashes, reduced workplace injuries, etc.).

When discussing how a project achieves safety, efficiency, or reliability improvements, the

applicant should focus its discussion on how the project produces port-related benefits and, if

appropriate, how the improvements will strengthen the port’s contribution to supply chains.

For this merit criterion, safety improvements produce port-focused benefits, such as

protecting workers from safety risks. Thus, an applicant should discuss in its narrative the safety

risks the project is designed to address and how it will protect the workers from those risks. The

narrative might also quantify how the project reduces serious injuries related to port operations

or incorporates specific safety improvements that are part of a documented risk reduction

strategy and that have port-wide impact.

Efficiency improvements result in documented increases in cargo throughput at a port. For

example, a project could improve the speed or throughput of cargo movements at a port,

resulting in an increase in actual throughput. The improvements must be tied to specific

operational requirements rather than theoretical future demand for port capacity. The applicant

should calculate and document projected cargo throughput capacity increases that will result

from the project.

A project improves reliability if it results in enhancements that improve the dependability of

cargo operations. The improvements may either reduce the incidence of infrastructure-related

interruptions to cargo operations or improve operations by remedying a documented deficiency

impacting port operations. Reliability is different than efficiency. Reliability focuses on

improving the dependability of current operations while efficiency focuses on improving

throughput capacity.
 28

To document a project’s impact on safety, efficiency, or reliability, applicants should

describe how the proposed project will improve one or more of those elements. The application

narrative should identify existing deficiencies or inefficiencies and discuss how the project will

correct them. If applicable, the narrative should also explain how the project will strengthen the

port’s role within the larger local, regional, or national supply chain. The application should

include metrics to support claims of expected improvements. For example, to support a claim of

increased efficiency or reliability, the application should include metrics to demonstrate the

impact of the project. Metrics such as the volume of goods moved per hour or the number of

vessels served per day might be used to document increased reliability of cargo operations,

particularly where the narrative documents a deficiency in goods movement or cargo operations.

Similarly, when documenting improvements to port efficiency (such as increases in system

capacity), an applicant might include metrics such as the area or capacity of a cargo laydown

facility that will be improved by the proposed project.

If the project has multiple independent components, the narrative should include sufficient

information to describe the impact of each component on the overall project.

Reviewers will use the information provided by the applicant in this section of the narrative

to make the statutory determination at 46 U.S.C. 54301(a)(6)(A)(i), which is necessary for

consideration of award.

(2) Section B: Supporting Economic Vitality at the Regional or National Level

(a) Large Projects. For large planning and capital projects (see Section A.3.

for definition of large projects), this criterion measures the benefits generated by the project

against the costs of the project. Among otherwise comparable applications, MARAD will

prioritize projects that maximize net benefits. This section does not apply to projects located in

noncontiguous States or U.S. territories awarded funding under the FY 2023 Appropriations Act.
 29

However, to be eligible to compete for the full amount of funding available under both BIL and

the FY 2023 Appropriations Act, an applicant with a project in a noncontiguous State or U.S.

territory must submit information as required under this section. This section describes the

recommended approach for the completion and submission of a BCA narrative and calculation

file. Applicants should also review DOT’s detailed guidance on how to conduct a BCA, which is

available on the DOT website at https://www.transportation.gov/mission/office-secretary/office-

policy/transportation-policy/benefit-cost-analysis-guidance.

In this section, the applicant should summarize the conclusions of the BCA, including

estimates of the project’s Benefit-Cost Ratio (BCR) and net benefits.

The appendix should provide present value estimates of a project’s benefits and costs relative

to a no-build baseline. To calculate present values, applicants should apply a real discount rate

(i.e., the discount rate net of the inflation rate) of 7 percent per year to the project’s streams of

benefits and costs. The purpose of the BCA is to enable DOT to evaluate the project’s cost-

effectiveness by estimating a BCR and calculating the magnitude of net benefits for the project.

The primary economic benefits from projects eligible for PIDP grants are likely to relate to the

value of travel time savings, vehicle and port operating cost savings, increased resilience, and

safety considerations for both existing users of the improved facility and new users who may be

attracted to it because of the project. Savings in infrastructure maintenance costs may also be

quantified. Applicants may describe other categories of benefits in the BCA that are more

difficult to quantify and value in economic terms, such as improving the reliability of travel

times, while also providing numerical estimates of the magnitude and timing of each of these

additional impacts wherever possible. Any benefits claimed for the project, both quantified and

unquantified, should be clearly tied to the expected outcomes of the project.

 30

The BCA should include the full costs of developing, constructing, operating, and

maintaining the proposed project, as well as the expected timing or schedule for costs in each of

these categories. The BCA may also consider the present discounted value of any remaining

service life of the asset at the end of the analysis period. The costs and benefits that are compared

in the BCA should also cover the same project scope, including the costs of other related projects

on which the benefits of the PIDP project depend.

The BCA should carefully document the assumptions and methodology used to produce the

analysis, including a description of the baseline, the sources of data used to project the outcomes

of the project, and the values of key input parameters. Applicants should provide all relevant

files used for their BCA, including any spreadsheet files (in their original format such as an

unlocked Excel spreadsheet) and technical memos describing the analysis (whether created in-

house or by a contractor). The spreadsheets and technical memos should present the calculations

in sufficient detail and transparency to allow the analysis to be reproduced by DOT evaluators.

Detailed guidance for estimating some types of quantitative benefits and costs, together with

recommended economic values for converting them to dollar terms and discounting to their

present values, are available in DOT’s guidance for conducting BCAs for projects seeking

funding under the PIDP (see link above).

In addition to the BCA, the applicant may also wish to describe economic impacts and other

data-supported outcomes that may not have been included in the benefit-cost analysis, such as

how the project supports American industry and will result in high-quality job creation by

supporting good-paying jobs with a free and fair choice to join a union in project construction

and in on-going operations and maintenance, and incorporate strong labor standards, such as

through the use of project labor agreements, registered apprenticeship programs, and other joint

labor-management training programs.

 31

(b) Small Projects at Small Ports. Applications for funding for small

projects at small ports (as defined in Section A.3.) are not required to submit a BCA. Instead,

under this criterion, applications for small projects at small ports should address the project’s

impact on (1) the economic advantage of the port, (2) the contribution to freight transportation at,

around, and through the port, and (3) overcoming the competitive disadvantage of the port. This

section applies to projects located in noncontiguous States or U.S. territories that meet the

definition of a small project at a small port, regardless of whether the project is funded under the

BIL or FY 2023 Appropriations Act.

The economic advantage of a port includes factors such as superior logistics, the availability

of large spaces or capacity, proximity to railroads and highways, ample truck parking, light

traffic congestion, and economic incentives. Information related to a project’s impact on

economic advantage should include evidence of improvements the project will generate as

reflected in commitments, plans, or other documentation. It should also include analysis and

documentation related to how the project will enhance the elements of economic advantage, such

as by creating economies of scale, overcoming barriers to entry, or creating more efficient

physical access for labor, resources, and customers to and around the port. Regarding economies

of scale, the applicant should indicate whether or not the average cost of operation will decrease

(or at least remain the same) following the increase in scale. Examples of projects, or project

components, in support of an increase in a port’s economies of scale include, but are not limited

to, land expansion, new or larger warehouses, and longer or wider berths. Barriers to entry

consist of economic and geographic barriers, such as an incumbent or adjacent(s) port having an

absolute cost advantage due to port location, a large minimum scale of operation, or low

switching costs; or the applicant’s port having natural constraints to its capacity.
 32

The narrative’s discussion of the project’s contribution to freight transportation should

address how the project will improve the physical process of transporting goods and

commodities. It should also address how the project will improve the port’s resilience, including

the critical goods and materials impacted by the project and how the project reduces or

eliminates potential points of failure. Applicants should consider that the concept of resilience

(as defined in Section A.3) is broader than cargo throughput. Resilience relates to the port’s

ability to overcome operational disruptions of many kinds. Therefore, narratives should address

how projects may positively impact or correct systemic issues, including making improvements

to security and expanding operational diversity or redundancy in ways that, without the proposed

project investments, would not be possible.

Applicants should also include information that will help reviewers understand the

competitive disadvantage of the port and, as appropriate, how the project will improve the port’s

competitive position. Elements of competitive disadvantage include severe climate, unfavorable

port location, technological limitations, or limited operational scope. Applicants should explain

how PIDP funding will help reduce, remove, or correct those elements.

Overall, applicants should include data and/or well-reasoned analyses when providing inputs

on the economic vitality of a proposed project. Economic vitality supports the development of

transportation systems that stimulate, support, and enhance the movement of goods to ensure a

prosperous community and economy. When preparing the Project Narrative, applicants should

consider that the concept of economic vitality includes recognizing a full range of multimodal

and intermodal freight needs, public-private partnerships, sustainability, and institutional

linkages within the community.

(3) Section C: Leveraging Federal Funding to Attract Non-Federal Sources of

Infrastructure Investment
 33

While the Leveraging Federal Funding Criterion will be assessed according to the

methodology described in Section E.1.a.(3), this section of the application may be used to

include additional information that may strengthen MARAD’s understanding of the applicant’s

effort to improve non-Federal leverage.

(4) Section D: Port Resilience

Applicants should identify specifically how the project will improve port resilience (as

defined in Section A.3.) with respect to a natural or human-induced physical event or trend or

physical impact that may cause: loss of life, injury, or other health impacts; damage and loss to

property, infrastructure, or livelihoods; and the ability of the port to sustain its role in the local,

regional, or national supply chain. Applicants are encouraged to align project elements, where

possible, with: established State, local, or regional Comprehensive Plans; Climate Action Plans;

Resilience Assessment Tools; or other planning, policy, or engineering tools that incorporate

resilience concepts and mitigation techniques. The Department has developed a Climate Action

Plan, available at https://www.transportation.gov/sustainability/climate/dot-climate-action-plan-

resilience, that describes efforts to be taken by DOT to bolster adaptation and increase resilience.

The DOT Climate Action Plan may serve as a useful resource for applicants in developing the

port resilience section of the application, but the preference is for applicants to utilize State,

local, or regional resilience assessment and mitigation resources where possible and describe any

alignment with the DOT Climate Action Plan.

f. Section V: Selection Considerations. After discussing the merit criteria identified

above, this section of the application should discuss how a project addresses the following

selection considerations.

(1) Section E: Climate Change and Sustainability

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MARAD encourages applicants to (1) consider climate change, sustainability, and

environmental justice in project planning efforts and (2) incorporate project elements dedicated

to mitigating or reducing the impacts of climate change, improving sustainability, and addressing

environmental justice. In particular, applicants should address the extent to which the project

reduces greenhouse gas emissions in the transportation sector, incorporates evidence-based

climate resilience measures and features, and reduces the lifecycle greenhouse gas emissions

from the project materials. Applicants also should address the extent to which the project (1)

avoids adverse environmental impacts to air or water quality, wetlands, and endangered species,

and (2) addresses disproportionate negative impacts of climate change, including natural

disasters, and pollution on disadvantaged communities, with a focus on prevention, response, and

recovery. Finally, applicants should address how the project will motivate or accelerate durable,

systemic improvements with respect to climate change, sustainability, and environmental justice,

as well as whether the project adapts, expands, or builds on successful precedent. For example,

the applicant could discuss how a particular investment in a port’s underlying grid infrastructure

is expected to facilitate electrification of various port operations.

To address the planning element of this consideration, the application should describe what

specific project-related climate change, sustainability, or environmental justice activities have

previously been completed. The applicant should indicate if it maintains a publicly available

emissions inventory of greenhouse gases and/or other air pollutants completed after 2019, or,

whether it intends to develop one.21 The application should indicate whether a project is

incorporated in a climate action plan, whether an equitable development plan has been prepared,

and whether (and how) the results of planning tools such as DOT’s Transportation

21
The EPA provides guidance for developing emissions inventories for ports, which can be found here:
https://www.epa.gov/state-and-local-transportation/port-emissions-inventory-guidance.
 35

Disadvantaged Census Tract tool, EPA’s Environmental Justice Screening Tool (EJSCREEN), or

the Council on Environmental Quality (CEQ) Climate and Economic Justice Screening Tool

(CEJST) have been incorporated into the project.22 The applicant should also indicate whether or

not a public involvement plan demonstrating meaningful engagement of the community affected

by the project, to include environmental justice communities or disadvantaged communities,

where applicable, was used in project planning.

To address the project components element of this consideration, the application should

describe specific and direct ways that the project will mitigate or reduce contributions to climate

change, improve sustainability, and address environmental justice considerations. For example,

the narrative could address how the project: supports a multimodal shift in freight movement that

reduces net emissions; incorporates electrification infrastructure (such as charging stations for

electric port equipment); or promotes energy efficiency (such as through the use of demand

management strategies or a reduction in vessel dwell times). If applicable, applicants are also

encouraged to make floodplain upgrades consistent with the Federal Flood Risk Management

Standard, to the extent consistent with current law, in Executive Order 14030, Climate-Related

Financial Risk (86 FR 27967) and 13690, Establishing a Federal Flood Risk Management

Standard and a Process for Further Soliciting and Considering Stakeholder Input (80 FR 6425).

In this portion of the project narrative, applicants should also indicate how the project

addresses environmental justice considerations. For example, the narrative might indicate how

the project: reduces exposure to hazardous materials and waste, harmful emissions, and noise

22
Information on DOT’s Transportation Disadvantaged Census Tract tool can be found at:
https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a. The EJSCREEN tool can be
found on the EPA site: https://ejscreen.epa.gov/mapper/. The CEJST tool can be accessed at:
https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5. 
 36

impacts on disadvantaged and overburdened communities; increases the availability of, and

access to, clean transportation options, including electric vehicles (EVs) and charging stations;

integrates climate justice into project-related environmental review processes; or supports

innovative programs, policies, and projects to reduce the environmental impacts associated with

freight movements.

See Section E.1.b.(1) for additional information related to how MARAD will prioritize

projects that align well with this selection consideration.

(2) Section F: Equity and Justice40

MARAD encourages applicants to proactively evaluate whether a project will create

proportional impacts to all populations in a project area and increase equitable access to project

benefits, consistent with Executive Order 13985, Advancing Racial Equity and Support for

Underserved Communities Through the Federal Government (86 FR 7009). Applicants should

address how their project will include an equity assessment that evaluates whether a project will

create proportional impacts and remove transportation-related disparities to all populations in a

project area. Although not required, applicants are encouraged to use DOT’s Disadvantaged

Census Tracts tool or equivalent tools in their assessment. Applicants should demonstrate how

meaningful public engagement will occur throughout a project’s lifecycle and, to the extent

possible, target at least 40 percent of project benefits towards low-income communities,

Historically Disadvantaged Communities, or underserved or overburdened communities. This

section of the application should also include sufficient information to evaluate how the project

will advance equity and describe the potential benefits or services to the public provided by the

project, emphasizing any benefits to minority, low income, or other Historically Disadvantaged

Communities. The applicant should indicate which (if any) planning and policies related to

equity they are implementing or have implemented along with the specific project investment
 37

details. For example, the applicant could describe how the project: incorporates an equity impact

analysis; adopts an equity and inclusion program/plan; or implements equity-focused policies

related to the project. Any policies, plans, and outreach documentation related to advancing

equity should be briefly discussed.

Applicants should ensure that they are adequately informed about how the proposed project

will potentially impact affected communities and that diverse views are heard and considered

throughout all stages of the consultation, planning, and decision-making process. To that end,

applicants should include a description of all public engagement related to the project, including

engagement that is inclusive of minority, low income, limited English proficiency (LEP), and

other Historically Disadvantaged Communities, including individuals with disabilities, and the

degree to which public comments and input have been integrated into project development and

design. The applicant should review the DOT Title VI Program Order 1000.12C,23 DOT LEP

Guidance,24 and DOT Promising Practices for Meaningful Public Involvement in Transportation

Decision-Making25 prior to submission.

Applicants should also use this section to provide a description of any compliance reviews,

external lawsuits, investigations, or complaints alleging discrimination, of any kind, occurring in

the last five years. The applicant should also provide information discussing the demographic

makeup of any existing or proposed planning or advisory body associated with the project and

describe their efforts to encourage the participation of minority, low income, and limited English

proficient individuals. See Section E.1.b.(2) for additional information related to how MARAD

will prioritize projects that align well with this selection consideration.

23
https://www.transportation.gov/sites/dot.gov/files/2021-08/Final-for-OST-C-210312-002-signed.pdf.
24
https://www.transportation.gov/civil-rights/civil-rights-awareness-enforcement/dots-lep-guidance.
25
https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-
transportation-decision-making.
 38

(3) Section G: Workforce Development, Job Quality, and Wealth Creation

Applicants should address how their project will create good-paying jobs with the free and

fair chance to join a union in project construction; incorporate strong labor standards, such as

through the use of project labor agreements; promote investments in high-quality workforce

development programs with supportive services to help train, place, and retain people in good-

paying jobs or registered apprenticeships, with a focus on women, people of color, and others

who are underrepresented in infrastructure jobs (people with disabilities, people with

convictions, etc.); and implement hiring policies and workplace cultures to promote the entry and

retention of underrepresented populations. Applicants should address how the project promotes

local inclusive economic development and entrepreneurship such as utilization of Disadvantaged

Business Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a) firms.

See Section E.1.b.(3) for additional information related to how MARAD will prioritize

projects that align well with this selection consideration.

g. Section VI: Project Readiness

MARAD will consider project readiness to assess the likelihood of delivery of a successful

project. Project readiness consists of two factors: technical capacity and environmental risk.

(1) A: Technical Capacity

The applicant should provide information demonstrating its technical capacity to implement

the project based on experience and understanding of Federal requirements. This section may

include a description of the applicant’s history of delivering similar projects or experience

completing a Federally supported project. The application should also demonstrate a project’s

feasibility or constructability and schedule, and how the project (such as design and construction)

will comply with applicable Federal requirements. The narrative should also include information

about how and when cost data in the budget was compiled, including information on how it was
 39

sourced (such as a cost database, market survey, or fixed-price bid). The discussion should also

include information about the degree of design completion used to compile the cost information.

An applicant’s failure to include this information could adversely affect its technical capacity

rating.

The applicant should indicate whether the project is part of an ongoing planning effort, such

as at the local, regional, or State level. Information on whether the project is included in a local

or State freight plan, part of a facility or organization strategic plan, or included in other planning

efforts should be included. Applicants should provide links or other documentation supporting

the project’s inclusion in these planning efforts.

Project Schedule. The applicant should include a detailed project schedule that identifies all

major project milestones. For capital project applications, examples of such milestones include

State and local planning approvals; start and completion of NEPA, and other Federal

environmental reviews and approvals including permitting; design completion; real property and

right of way acquisition; approval of plans, specifications, and estimates; procurement; project

partnership and implementation agreements, including agreements with non-governmental

entities involved in or impacted by the project; and construction. For planning projects, examples

of milestones may include start dates, schedule for public engagement, and completion dates. All

project-related real property and right-of-way acquisition must be completed in a timely manner

in accordance with 49 CFR part 24 and other applicable legal requirements, even if acquired

outside the scope of the PIDP project. The project schedule should be sufficiently detailed to

demonstrate that the project can begin construction quickly upon obligation of PIDP funds, and

that the grant funds will be spent expeditiously once construction starts, in order for MARAD to

make the determination described in Section D.2.i.

 40

Risk Mitigation. Applicants should include a discussion of project risks and related

mitigation strategies. The discussion should focus on, but need not be exclusively related to,

risks related to project readiness. For example, the applicant should identify project risks, such as

approval or permit delays, procurement delays, technical challenges in design or construction,

environmental uncertainties, potential increases in project costs, or lack of required approvals

that affect the likelihood of successful project start and completion. The narrative should include

a discussion that identifies how the project parties will mitigate or otherwise be able to handle

the identified risks.

(2) B: Environmental Risk

This section of the application should include sufficient information for MARAD to evaluate

whether a project is reasonably expected to begin construction in a timely manner, consistent

with all applicable local, State, and Federal requirements. To assist MARAD’s project

environmental risk review, the applicant should provide the information requested on NEPA

class of action and status, required approvals and permits, public involvement, and right-of-way

acquisition plans (if applicable), each of which is described in greater detail in the following

sections. To minimize redundant information in the application, MARAD encourages applicants

to cross-reference from this section of their application to relevant information in other sections

of the application.

Information about the NEPA status of the project. The applicant should indicate the

anticipated NEPA level of review for the project and describe any environmental analysis in

progress or completed. This includes Categorical Exclusion, Environmental Assessment/Finding

of No Significant Impact, or Environmental Impact Statement/Record of Decision. The applicant

should review the Maritime Administration Manual of Orders (MAO) 600-1 (available at

https://www.maritime.dot.gov/sites/marad.dot.gov/files/docs/environment-security-safety/office-
 41

environment/596/mao600-001-0.pdf) prior to submission. The application should detail the type

of NEPA review underway, where the project is in the process, and indicate the anticipated date

of completion of all milestones and of the final NEPA determination. If the last agency action

with respect to NEPA documents occurred more than three years before the application date, the

applicant should describe why the project has been delayed and include a proposed approach for

verifying and, if necessary, updating this material in accordance with applicable NEPA

requirements. The applicant should be aware that the final determination of NEPA class of action

will be made by MARAD after announcement of project selections. The successful applicant will

be responsible for the completion of MARAD’s NEPA documentation, in collaboration with

MARAD’s NEPA Coordinator in the Office of Environmental Compliance, prior to execution of

the grant agreement. If applicable, applicants should include a description of discussions with the

appropriate MARAD NEPA Coordinator in the Office of Environmental Compliance regarding

the project’s compliance with NEPA and other applicable Federal environmental reviews and

approvals.

Environmental Permits and Reviews. The application should demonstrate receipt (or

reasonably anticipated receipt) of all environmental permits and approvals necessary, such as

Army Corps of Engineers permits and consultations under Section 106 of the National Historic

Preservation Act, 54 U.S.C. 306108, and Section 7 of the Endangered Species Act, 16 U.S.C.

1531, for the project to proceed to construction on the timeline specified in the project schedule

and necessary to meet the obligation deadline, including satisfaction of all Federal, State, and

local requirements and completion of the NEPA process. The successful applicant, in

collaboration with MARAD, will be responsible for the completion of consultations under

Section 106 of the National Historic Preservation Act and Section 7 of the Endangered Species

Act prior to completing NEPA.

 42

Additionally, the application should reference environmental studies or other documents,

preferably through a website link, that describe in detail known project impacts and possible

mitigation for those impacts, and, if applicable, right-of-way acquisition plans, with detailed

schedule and compensation plan. The application should also include a description of public

engagement about the project that has occurred, proactively inclusive of Historically

Disadvantaged Communities, including details on compliance with environmental justice

requirements and the degree to which public comments and commitments have been integrated

into project development and design.

State and Local Approvals. The applicant should demonstrate receipt (or reasonably

anticipated receipt) of State and local approvals on which the project depends, such as State and

local environmental permitting and planning. For projects acquiring a State DOT-owned right of

way, applicants should demonstrate they have coordinated the project with the State DOT or

transportation facility owner. Additional support from relevant State and local officials is not

required; however, an applicant should demonstrate that the project has broad public support.

Information on environmental reviews, approvals, and permits by other agencies. An

application should indicate whether the proposed project requires reviews or approval actions by

other agencies,26 provide detailed information about the status of those reviews or approvals, and

should demonstrate compliance with any other applicable Federal, State, or local requirements,

and when such approvals are expected. Applicants should provide a website link or other

reference to copies of any reviews, approvals, and permits prepared.

26
Projects that may impact protected resources such as wetlands, species habitat, or cultural or historic resources
require review and approval by Federal and State agencies with jurisdiction over those resources.
 43

A description of whether the project is dependent on, or affected by, U.S. Army Corps of

Engineers investment and the U.S. Army Corps of Engineers planned activities as it relates to the

project, if applicable, should be included.

h. Section VII: Domestic Preference

This section should include a description of whether all iron, steel, manufactured products,

and construction materials to be used in the project are produced in the United States, in

accordance with the requirements of the Build America, Buy America Act (Pub. L. 117-58,

Division G, §§ 70901-27), as implemented by MARAD.27 In addition, applicants should include

a discussion of steps that they have taken or will take if their project is selected for funding, to

ensure that the project complies with the Build America, Buy America requirements. See

Section E.1.d. This section should also include an assessment of what, if any, iron, steel,

manufactured products, and construction materials would require a waiver of the Buy America

provisions described in Section F.2. of this notice and the applicant’s current efforts and planned

future efforts to maximize the use of domestic goods, products, and materials in constructing its

project. The content of this section of the application is particularly important for projects that

propose the acquisition of heavy equipment, construction components, or bollard and fendering

systems. As described in Section E.1.d., among otherwise comparable applications, projects that

may require a waiver of the applicable PIDP Buy America requirements will be less competitive.

i. Section VIII: Statutory Determinations

To select a project for award, the Department must determine that the project—as a whole, as

well as each independent component of the project—satisfies several statutory requirements

27
Applicants can refer to term B.5 of the exhibits to MARAD grant agreements under the FY 22 PIDP, dated
November 28, 2022, to see how MARAD intends to implement the Build America, Buy America Act requirements
to all FY 2023 PIDP funds: https://www.maritime.dot.gov/grants-finances/federal-grant-assistance/marad-fy-2022-
pidp-exhibits.
 44

enumerated in 46 U.S.C. 54301(a)(6)(A) and restated in the table below. The application must

include sufficient information for the Department to make these determinations for both the

project as a whole and for each independent component of the project. Applicants should use this

section of the application to summarize how their project and, if present, each independent

project component, meets each of the following requirements. Applicants are not required to

reproduce the table below in their application but following this format will help evaluators

identify the relevant information that supports each project determination. Supporting

information provided in appendices may be referenced.

Statutory Determination Guidance

1. The project improves the safety, efficiency, Please summarize how the project will
or reliability of the movement of goods improve the safety, efficiency, or reliability
through a port or intermodal connection to the of the movement of goods through a port or
port. intermodal connection to a port.
Detail specific elements of the project and
their forecasted impact on port performance
indicators (such as improvements in vessel
dwell times, truck turn times, capacity,
throughput, accident reductions, etc.).
If the project has multiple independent
components, please provide sufficient
information to describe the impact of each
component on the overall project.
2. The project is cost effective. Please highlight the results of the BCA, as
well as the analyses of independent project
components, if applicable.
The Department will base its determination
on the ratio of project benefits to project
costs as assessed according to the Economic
Vitality criterion.
Note: This determination is not applicable
to small projects at small ports. This
requirement also does not apply to projects
located in noncontiguous States or U.S.
territories awarded funding under the FY
2023 Appropriations Act.
3. The eligible applicant has the authority to Please provide citations of authority or
carry out the project. other supporting documentation necessary
to establish an applicant’s authority to carry
 45

out the project. The citations should be of

sufficient detail to demonstrate that the
applicant is an eligible applicant and to
show how the applicant is related to the
work on the property where the grant funds
will be spent.
Examples of information that could assist
with making this determination include: the
citation of specific sections or chapters of
state or local statutory language that
demonstrate relevant authority; the
inclusion of a narrative outlining the
authority of the eligible entity applying for
grant funding; or a description of the
relationship between the applicant and the
owner of the property that links the project
to the authority to carry out the project (e.g.,
through a lease agreement).
4. The eligible applicant has sufficient Please indicate funding source(s) and
funding available to meet the matching amounts that will account for all project
requirements. costs, broken down by independent project
component, if applicable. Demonstrate that
the funding is stable, dependable, and
dedicated to this specific project by
referencing a letter of commitment, a local
government resolution, memorandum of
understanding, or similar documentation.
Include proof that the matching funds will
be available and committed prior to
obligation of funds, regardless of the source
of funding. The Department will base its
determination on an assessment of this
information by PIDP evaluators.
5. The project will be completed without Please provide expected obligation date28
unreasonable delay. and construction start date, referencing
project budget and schedule as needed. If
the project has multiple independent
components, or will be obligated and
constructed in multiple phases, please
provide sufficient information to show that
each component meets this requirement.
MARAD will base its determination on the
project risk rating assessed as part of the

28
Obligation occurs when a selected applicant enters a written, project-specific agreement with the Department and
is generally after the applicant has satisfied applicable administrative requirements, including transportation
planning and environmental review requirements, such as NEPA.
 46

evaluation of the Project Readiness

criterion.

6. The project cannot be easily and efficiently Describe the potential negative impacts on
completed without Federal funding or the proposed project if the PIDP grant (or
financial assistance available to the project other Federal funding) is not awarded. The
sponsor. applicant should address each of the
following in the narrative:
1. How would the project scope be affected
if PIDP (or other Federal) funds were not
received?
2. How would the project schedule be
affected if PIDP (or other Federal) funds
were not received?
3.How would the project cost be affected if
PIDP (or other Federal) funds were not
received?
If there are no negative impacts to the
project scope, schedule, or budget if PIDP
funds are not received, state that explicitly.
Impacts to a portfolio of projects will not
satisfy this requirement; please describe
only project-specific impacts. Re-stating the
project’s importance for national or regional
economy, mobility, or safety will not satisfy
this requirement. The Department will base
its determination on an assessment of this
information by PIDP program evaluators.

3. Unique Entity Identifier and System for Award Management (SAM)

Each applicant must: (1) be registered in SAM before submitting its application; (2) provide

a valid unique entity identifier in its application; and (3) continue to maintain an active SAM

registration with current information at all times during which it has an active Federal award or

an application or plan under consideration by a Federal awarding agency.

MARAD may not make a FY 2023 PIDP grant award to an applicant until the applicant has

complied with all applicable unique entity identifier and SAM requirements and, if an applicant

has not fully complied with the requirements by the time MARAD is ready to make a PIDP grant
 47

award, MARAD may determine that the applicant is not qualified to receive a PIDP grant award

and use that determination as a basis for making a PIDP grant award to another applicant.

4. Submission Dates and Times

Applications must be submitted to Grants.gov by 11:59:59 p.m. E.D.T. on April 28, 2023.

Grants.gov attaches a time stamp to each application at the time that submission is complete.

Applications with a time stamp after the deadline will not be considered. MARAD does not

accept applications via mailed paper, fax machine, email, or other means. Please note that the

Grants.gov registration process usually takes 2-4 weeks to complete.

5. Funding Restrictions

This program will not fund construction, reconstruction, reconditioning, or purchase of a

vessel, unless the Secretary determines such vessel is necessary for a project under Section

C.3.a.(IV) of this notice and is not already receiving assistance under 46 U.S.C. chapter 537. In

addition, this program will not fund any project within a small shipyard (as defined in 46 U.S.C.

54101).

Improvements to Federally owned facilities are ineligible under the FY 2023 PIDP.

Funds granted to small projects at small ports under 46 U.S.C. 54301(b) may not be used for:

any single grant award more than $11.25 million; or activities, including channel improvements

or harbor deepening, that are part of a Federal channel, authorized, as of the date of the

application for assistance, to be carried out by the U.S. Army Corps of Engineers.

MARAD will not consider previously incurred costs or previously expended or encumbered

funds towards the matching requirement for any project prior to MARAD’s announcement of

project selections, except for certain costs related to a small project at a small port (i.e., grants

under 46 U.S.C. 54301(b)). Unless authorized in writing by MARAD after announcement of

project selection pursuant to 46 U.S.C. 54301(a)(10)(B) or 2 CFR 200.458, an expense incurred

 48

before a grant agreement is executed will not be reimbursed or count towards cost share

requirements.

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

6. Other Submission Requirements

a. Submission Location

Applications must be submitted to Grants.gov. MARAD does not accept applications via

mailed paper, fax machine, email, or other means. To apply through Grants.gov, applicants must:

(1) Obtain a Unique Entity Identifier29 (UEI) number.

(2) Register with the System for Award Management (SAM) at www.SAM.gov.

(3) Create a Grants.gov username and password.

(4) Complete Authorized Organization Representative (AOR) registration in Grants.gov.

The E-Business Point of Contact (POC) at the applicant’s organization must respond to the

registration email from Grants.gov and login at Grants.gov to authorize the applicant as the

AOR. Please note that there can be more than one AOR for an organization.

Please note that the Grants.gov registration process usually takes 2–4 weeks to complete and

that MARAD will not consider late applications that are the result of a failure to register or

comply with Grants.gov applicant requirements in a timely manner. For information and

instruction on each of these processes, please see instructions at

https://www.grants.gov/applicants/applicant-faqs.html.

If applicants experience difficulties at any point during the registration or application

process, please call the Grants.gov Customer Service Support Hotline at 1 (800) 518–4726.

29
As of April 4, 2022, the Federal government no longer uses the Data Universal Numbering System (DUNS)
number to uniquely identify entities. Instead, entities doing business with the Federal government must use a Unique
Entity Identifier (UEI) created in SAM.gov. If your entity is currently registered in SAM.gov, your UEI has already
been assigned and is viewable in SAM.gov. This includes inactive registrations.
 49

b. 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 award. Applicants

are strongly encouraged to make submissions in advance of the deadline and to verify that their

submissions comply with all requirements in this notice.

c. Late Applications

Any applications that Grants.gov time stamps after 11:59:59 E.D.T. on April 28, 2023 will

not be accepted. Applicants are strongly encouraged to make submissions days, if not weeks, in

advance of the deadline, and applicants facing technical issues are advised to contact the

Grants.gov helpdesk well in advance of the deadline.

d. Compliance with Section 508 of the Rehabilitation Act of 1973

The Department encourages applicants to submit documents that are compliant with

Section 508 of the Rehabilitation Act of 1973. Section 508 guidelines are available at

https://www.access-board.gov/ict/.

e. Sharing of Application Information

Except for the information properly marked as described in Section H.1., MARAD may share

application information within the Department or with other Federal agencies if the Department

determines that sharing is relevant to the respective program’s objectives.

E. Application Review Information

This section identifies how MARAD will evaluate applications received for FY 2023 PIDP

grant funding. Applications will be evaluated for their alignment with the merit criteria.

MARAD will also consider the extent to which applications align with the selection

considerations and may give priority to those projects that align well when selecting among

highly-rated applications.
 50

1. Merit Criteria and Selection Considerations

a. Merit Criteria

MARAD will review merit criteria for all applications. Reviewers will assess a project’s

alignment with the program’s statutory merit criteria: Achieving Safety, Efficiency, or

Reliability Improvements; Supporting Economic Vitality; Leveraging Federal Funding; and Port

Resilience. For each criterion, reviewers will evaluate whether the benefits of the project are

clear, direct, data-driven, and reasonable. Based on that assessment, reviewers will assign a

rating for each criterion, as explained in greater detail in criterion-specific sections below. See

Section E.2. for more information on the Review and Selection Process.

Planning grant applications will be evaluated against the same merit criteria as capital grants;

however, the information does not need to be as driven by data as capital projects, since data is

often an outcome of the project to be planned. MARAD will consider how the plan, once

implemented, will ultimately further the merit criteria.

(1) Achieving Safety, Efficiency, or Reliability Improvements

MARAD will evaluate the extent to which the project will improve the safety, efficiency, or

reliability of the movement of goods. Reviewers will assign a rating of “high,” “medium,” “low,”

or “non-responsive” as further described below.

A project improves safety if it has one or more of the following safety benefits: (1) protects

those in the port from safety risks; (2) reduces fatalities and/or serious injuries related to port

operations; or (3) incorporates specific safety improvements that are part of a documented risk

reduction mitigation strategy and that have port-wide impact. A project improves efficiency if it

results in documented improvements in cargo throughput at a port. A project improves reliability

if it results in enhancements that improve the dependability of cargo operations.

 51

To receive a “high” rating, a project must produce significant improvements in Safety,

Efficiency, and Reliability.30 The improvements must be direct and data-driven. To receive a

“medium” rating, a project must significantly improve two of the following: Safety, Efficiency,

or Reliability. The improvements may be either direct or data-driven. To receive a “low” rating,

a project must improve at least one of the following: Safety, Efficiency, or Reliability where the

improvements are not necessarily supported in the narrative by data. A project that, based on the

reviewers’ assessment of the content of the application, does not demonstrate that it will

significantly improve or that negatively impacts the project utilities (safety, efficiency,

reliability) will receive a “non-responsive” rating. Projects with higher ratings will be more

competitive.

(2) Supporting Economic Vitality at the Regional or National Level

(a) Large Projects. MARAD will consider the net benefits of large projects (as

defined in Section A.3.) seeking PIDP funding. To the extent possible, MARAD will rely on

quantitative, data-supported analyses to assess how well a project addresses this criterion,

including an assessment of the project’s estimated BCR and net benefits based on the applicant-

supplied BCA described in Section D.2.e.(2)(a).

Based on MARAD’s assessment, MARAD will assign an economic analysis rating of high,

medium-high, medium, medium-low, or low according to the following table:

Rating Description
High The project’s benefits will exceed its costs, with a BCR of at least 1.5
Medium-High The project’s benefits will exceed its costs
Medium The project’s benefits are likely to exceed its costs
Medium-Low The project’s costs are likely to exceed its benefits
Low The project’s costs will exceed its benefits

30
An improvement is significant if it produces benefits that are shared on at least a port-wide scale, positively
impacts underserved or disadvantaged communities or segments of the workforce, and is well supported by
documentation in the application.
 52

Projects with a higher rating as described above will be more competitive than ones with

lower ratings.

For applications seeking funding for large projects located in noncontiguous States or U.S.

territories, MARAD will evaluate any materials an applicant submits as described in Section

D.2.e.(2)(a) of this notice. Based on that assessment, MARAD will consider whether the project

can be considered for funding under both the BIL and the FY 2023 Appropriations Act.

(b) Small Projects at Small Ports. The economic vitality analysis for small projects

at small ports will apply to applications seeking funding under 46 U.S.C. 54301(b). MARAD

will consider the impact of the proposed small project at a small port on the economic advantage

and the contribution to freight transportation at a port. MARAD will also consider the

competitive disadvantage of the port seeking the funding. In making this assessment, MARAD

will consider all relevant information provided by the applicant.

Based on the reviewers’ assessments, MARAD will group projects according to their

impacts. A “high” impact project is one that documentation submitted by the applicant indicates

will improve the economic advantage of the port, contribute to freight transportation at the port,

and improve the competitive advantage of the port seeking funding. A “medium” impact project

is one that documentation submitted by the applicant indicates will improve two of the factors

identified above. A “low” impact project is one that documentation submitted by the applicant

indicates will improve only one of the factors identified above. Projects with higher impacts will

be more competitive. An application will be evaluated as “non-responsive” if the reviewers

determine that the project will not improve any of the factors.

(3) Leveraging Federal Funding to Attract Non-Federal Sources of Infrastructure

Investment
 53

To maximize the impact of PIDP awards, MARAD seeks to leverage PIDP funding with

non-Federal contributions. To evaluate this criterion, MARAD will assign a leverage rating to

each project moved forward for additional review by the Senior Review Team (SRT). See

Section E.2.a. The rating will be based on the calculated non-Federal share of the project’s future

eligible project costs. Refer to Section C.2. of this notice for how MARAD will make this

calculation. MARAD will sort project applications’ non-Federal leverage percentage from high

to low, and the assigned ratings will be based on quintile: projects in the 80th percentile and

above receive the highest rating; the 60th-79th percentile receive the second highest rating; 40th-

59th, the third highest rating; 20th-39th, the fourth highest rating; and 0-19th, the lowest rating. A

project in a higher quintile will be more competitive than a comparable project in a lower

quintile.

For the purposes of evaluating leverage, proceeds of Federal assistance under chapter 6 of

Title 23, United States Code or sections 501 through 504 of the Railroad Revitalization and

Regulatory Reform Act of 1976 (Public Law No. 94-210), as amended, shall be considered to be

part of the non-Federal share of project costs if the loan is repayable from non-Federal funds,

unless otherwise requested by the project sponsor.

(4) Port Resilience

As provided in 46 U.S.C. 54301(a)(6)(B)(iii), the Secretary shall give substantial weight to

changes to a port’s resilience as a result of the project. Therefore, reviewers will assess whether

(and how well) a project improves a port’s resilience, including its role in a vibrant local,

regional, or national supply chain system.

Reviewers will assign a rating of “high,” “medium,” “low,” or “non-responsive” based on

their assessment. Projects that significantly advance a port’s resilience with respect to its ability

to withstand weather and climate-related events and human-caused emergencies and that have
 54

significant positive supply chain system impacts will receive a high rating. A project will receive

a medium rating if it: advances resilience to either weather and climate-related or human-caused

emergencies and results in positive impacts on the supply chain; or advances resilience to both

weather and climate-related or human-caused emergencies, even if it does not result in positive

impacts on the supply chain. Projects that advance a port’s resilience to either weather and

climate-related events or human-caused emergencies but that do not demonstrate important

supply chain impacts will receive a low rating. Projects that do not advance a port’s resilience or

that have a negative effect on it will receive a non-responsive rating. Projects with higher ratings

will be more competitive.

b. Selection Considerations

After evaluating applications for each merit criterion, MARAD will consider the extent

applications align with the following selection considerations.

(1) Climate Change and Sustainability

MARAD will consider the extent to which projects address climate change and

sustainability, to include environmental justice, and may prioritize those projects that receive

higher ratings under this selection consideration.

The project will be assigned a climate change and sustainability rating based on how

comprehensively it addresses the areas described in Section D.2.f.(1).

Reviewers will assign a rating of “high,” “medium,” “low,” or “non-responsive” based on

their assessment of how well the PIDP application incorporates climate change and sustainability

factors, including environmental justice, in both planning activities and specific project elements

as discussed in Section D.2.f.(1). To receive a high rating, a project must have incorporated

climate change, sustainability, and environmental justice in both planning activities and project

elements. Applications that incorporate climate change, sustainability, and environmental justice
 55

in either planning activities or project elements will receive a medium rating. Applications that

incorporate climate change, sustainability, or environmental justice, but not all, in planning

activities or project elements will receive a low rating. Applications that fail to substantively

address this criterion in either planning activities or project elements will receive a non-

responsive rating. In addition, projects that will have a negative effect on climate change,

sustainability, or environmental justice will receive a non-responsive rating.

(2) Equity and Justice40

MARAD will consider the extent to which projects advance equity and Justice40 to promote

fairness and opportunity and may prioritize those projects that receive higher ratings under this

selection consideration.

MARAD reviewers will assess how an applicant’s planning activities and project

components support advancements in equity as described in Section D.2.f.(2). Reviewers will

assign ratings based on how comprehensively the applicant and the project address equity and

Justice40 considerations.

In evaluating whether a project advances the equity policy priority, reviewers will consider

how it: addresses disproportional impacts on underserved communities; addresses the unique

challenges rural and Tribal communities face related to economic development; and incorporates

and supports integrated land use, economic development, and transportation infrastructure to

improve the movement of goods.

In evaluating whether a project advances the Justice40 priority, reviewers will consider how

the project: considers the benefits and potential burdens a project may create; who would

experience the benefits and potential burdens and how both will be measured over time (with a

specific focus on how the benefits and potential burdens will impact underserved or

disadvantaged communities); commits to a meaningful public involvement process, inclusive of

 56

disadvantaged populations, throughout the lifecycle of the project; and benefits

underserved/Historically Disadvantaged Communities, including benefits that would accrue to

underserved/Historically Disadvantaged Communities outside of the specific project area.

To receive a “high” rating, a project must robustly include components from each of the

following areas: equity-focused policies and related project initiatives; support of workforce

training programs that place underrepresented populations into good-paying jobs with free and

fair choice to join a union; and a detailed community or public participation plan or community

participation strategy to facilitate meaningful project-related public engagement. To receive a

“medium” rating, projects must robustly address two of the three referenced areas. A project

would achieve a “low” rating if only one of the areas above is addressed. A project would

receive a “non-responsive” rating if none of the areas above are addressed or if reviewers

conclude that the project would have a negative impact on equity and Justice40.

(3) Workforce Development, Job Quality, and Wealth Creation

MARAD will consider the extent to which projects support the creation of good-paying jobs

with the free and fair choice to join a union and the incorporation of strong labor standards and

training and placement programs, especially registered apprenticeships, and may prioritize those

projects that receive higher ratings under this selection consideration, consistent with Executive

Order 14025, Worker Organizing and Empowerment (86 FR 22829) and Executive Order 14052,

Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335). The Department

also intends to use the PIDP to support wealth creation, consistent with the Department’s Equity

Action Plan, through the inclusion of local inclusive economic development and
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entrepreneurship such as the utilization of Disadvantaged Business Enterprises, Minority-owned

Businesses, Women-owned Businesses, or 8(a) firms.31

Reviewers will evaluate whether the applicant’s approach to project delivery and

implementation creates good-paying jobs to the greatest extent possible. For example, reviewers

will assess whether the project plan includes the free and fair choice to join a union in project

construction; incorporates project labor agreements;32 or describes how the project will expand

strong labor standards, including not only compliance with prevailing wage requirements but

also non-construction labor provisions that are relevant to the project.

Reviewers will also consider how well an applicant, project application, or proposed project

commits to registered apprenticeship positions and use apprentices on the funded project,

sometimes called an apprenticeship utilization requirement (e.g., requiring that 15 percent of all

labor hours will be performed by registered apprentices); includes high-quality workforce

development programs with supportive services to help train, place, and retain people in good-

paying jobs or registered apprenticeships; tracks and publishes aggregate workforce data,

including information demonstrating that employment opportunities are available to historically

underserved workers in their communities; identifies training programs that are diverse,

including pre-apprenticeship and apprenticeship readiness programs, and explains how

individuals from these programs are considered for and hired for apprenticeship slots and other

jobs on the project; includes local inclusive economic development and entrepreneurship such as

the utilization of Disadvantaged Business Enterprises, Minority-owned Businesses, Women-

owned Businesses, or 8(a) firms; and/or describes a state/regional/local comprehensive plan to

31
The Department’s Equity Action Plan can be accessed at https://www.transportation.gov/sites/dot.gov/files/2022-
04/Equity_Action_Plan.pdf.
32
These agreements may include pre-hire collective bargaining agreements between unions and contractors that
govern terms and conditions of employment for all workers on a construction project.
 58

promote equal opportunity, including removing barriers to hiring and prevention of harassment

on work sites, and ensuring that the plan demonstrates action to create an inclusive environment

with a commitment to equal opportunity.

Reviewers will assign applications a “high,” “medium,” “low,” or “non-responsive” rating

based on how well the applicant, application, or project addresses this topic. An application that

demonstrates a strong organizational commitment to advancing workforce development, job

quality, and wealth creation will receive a high rating. A medium rating will be assigned to an

application that addresses workforce development, job quality, and wealth creation to some

degree. Applications that only partially address workforce development, job quality, and wealth

creation will be assigned a low rating and applications that do not address this criterion will be

assigned a non-responsive rating.

c. Project Readiness

Each application will receive a Project Readiness rating based on the ratings it receives for

Technical Capacity and Environmental Risk. The Project Readiness rating will be based on the

poorest risk rating earned in either Technical Capacity or Environmental Risk. For example, if an

application is evaluated as high risk for Technical Capacity and medium risk for Environmental

Risk, its Project Readiness rating will be high risk since a rating of high risk is less desirable than

a rating of medium risk. The following paragraphs describe how MARAD will evaluate

Technical Capacity and Environmental Risk.

(1) Technical Capacity

MARAD will consider significant risks to successful completion of a project, including risks

associated with the complexity of the project, the proposed project schedule, and the applicant’s

overall capacity to manage project delivery. If applicable, reviewers will also consider the

applicant’s previous experience working with Federal agencies on grant-funded projects. Risks
 59

do not disqualify projects from award, but competitive applications clearly and directly describe

achievable risk mitigation strategies. A project with mitigated risks is more competitive than a

comparable project with unaddressed risks.

Technical Capacity ratings will be one of the following: “low risk,” “moderate risk,” or “high

risk.” An applicant’s lack of previous experience with Federally funded grants will not disqualify

a project from consideration.

(2) Environmental Risk

Reviewers will independently assess the level of review of the project required by NEPA and

evaluate whether the applicant has demonstrated receipt (or reasonably anticipated receipt) of

other necessary environmental permits. Reviewers will also assess the project’s compliance with

other environmental reviews, consultations, and approvals (such as the Endangered Species Act

and the National Historic Preservation Act). As with risks related to technical capacity,

environmental risks do not disqualify projects from award, but competitive applications include

achievable risk mitigation strategies.

Environmental Risk ratings will be one of the following: “low risk,” “moderate risk,” or

“high risk.”

d. Domestic Preference

As expressed in Executive Order 14005, Ensuring the Future is Made in All of America by

All of America’s Workers (86 FR 7475), it is the policy of the Executive Branch to 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 the domestic

preference requirements of the Build America, Buy America Act. The Department expects all

applicants to comply with those requirements.

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Among otherwise comparable applications, projects that depend on iron, steel, manufactured

products, and construction materials that do not, at a minimum, comply with the domestic

preference requirements outlined in the Build America, Buy America Act will be less

competitive than projects that comply with those requirements. Among otherwise comparable

applications that may require waivers of those requirements to complete the project, an

application that presents an effective plan to maximize domestic content will be more

competitive than one that does not. MARAD will not award projects that likely need a waiver

but do not present a plan to maximize domestic content.

All projects advanced by the SRT for additional review will be evaluated for domestic

preference compliance and effectiveness of its domestic content plan. Domestic Preference

compliance ratings will be one of the following: likely compliant; may require a waiver; or likely

requires a waiver. Reviewers will assign one of the following ratings to a project’s domestic

content plan: mature plan, immature plan, or no plan.

e. Determinations

As indicated in Section D.2.i. above, projects must satisfy the six determinations identified in

46 U.S.C. 54301(a)(6)(A) prior to award selection. For applications that seek funding for

projects under 46 U.S.C. 54301(b), the project will not be required to satisfy the determination

that the project is cost effective. Similarly, large projects in noncontiguous States and U.S.

territories that are awarded funding under the FY 2023 Appropriations Act will not be required

to satisfy the determination that the project is cost effective.

2. Review and Selection Process

a. Review Process

The FY 2023 PIDP grant application evaluation process consists of an Intake Review Phase,

a Technical Review Phase, and a Senior Review Phase.

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During the Intake Review Phase, the Intake Team will sort applications into groupings for

assignment to evaluators and conduct a threshold eligibility screening based on criteria outlined

in this NOFO.

During the Technical Review Phase, MARAD staff will analyze applications and provide

ratings, consistent with the descriptions in this notice. Initially, all applications will be reviewed

for their alignment with the following merit criteria: Achieving Safety, Efficiency, or Reliability

Improvements; Port Resilience; and Leveraging Federal Funding. The applications will also be

reviewed for their alignment with the additional selection considerations of Climate Change and

Sustainability; Equity and Justice40; and Workforce Development, Job Quality, and Wealth

Creation.

Projects that receive a “High” rating in Safety, Efficiency, or Reliability Improvements, no

less than a “Medium” rating in Port Resilience, and whose calculated non-Federal share of the

project’s future eligible costs exceeds 20 percent will be designated “Highly Recommended” and

automatically advance for second-tier analysis.

After that initial review, projects that did not receive a “Highly Recommended” designation

will be presented to a first meeting of the SRT. The SRT will decide which of the projects not

designated as “Highly Recommended” will move forward for second-tier analysis. The SRT will

primarily base its decision on how well a project meets the statutory merit criteria of Achieving

Safety, Efficiency, or Reliability Improvements; Port Resilience; and Leverage. The SRT may

also consider a project’s rating on: Climate Change and Sustainability; Equity and Justice40; and

Workforce Development, Job Quality, and Wealth Creation. A project that aligns poorly with the

selection considerations of Climate Change, Equity, or Workforce Development may

nevertheless be advanced for additional review; however, if the project is selected for funding,
 62

the Department may require that the applicant demonstrate the ability of its project to align with

those priorities before receiving funds, as described in section F.2.b. of this notice.

During the second-tier analysis, projects will be reviewed for their alignment with the

following criteria: Supporting Economic Vitality; Project Readiness; Statutory Determinations;

and Domestic Preference.

Based on the results of this additional review, the SRT assembles a List of Projects for

Consideration for selection by the Secretary. A project must meet all six determinations to be

included on the List of Projects for Consideration. The Secretary makes final selections based on

the merit criteria and selection considerations described in Section E.1. In making PIDP grants,

the Secretary may consider infrastructure improvements identified in the report on strategic

seaports required by section 3515 of the National Defense Authorization Act for Fiscal Year

2020 (Pub. L. 116-92; December 20, 2019) that would improve the commercial operations of

those seaports.

b. Follow-up with Applicants

MARAD may ask any applicant to supplement data in its application but is not required to do

so. Lack of supporting information provided with the application negatively affects

competitiveness of the application. Throughout the review and selection process, MARAD may

seek additional information from an applicant related to project eligibility, whether the project

can be completed with a reduced award, or other information needed to complete project

analysis. MARAD will use email when seeking additional information from an applicant.

MARAD will send the email to the point(s) of contact listed by the applicant on the SF-424.

3. Additional Information

Planning grant applications will be evaluated against the same criteria as capital grant

applications, and DOT will prioritize funding for projects that propose to move into the
 63

construction phase within the period of performance. Accordingly, applications for development

phase activities will be less competitive than capital projects.

Prior to obligation of funds, each selected applicant will be subject to a risk assessment as

required by 2 CFR 200.206. MARAD must review and consider any information about the

applicant that is in the designated integrity and performance system accessible through SAM

(currently the Federal Awardee Performance and Integrity Information System (FAPIIS)). An

applicant may review information in FAPIIS and comment on any information about itself.

MARAD will consider comments by the applicant, in addition to the other information in

FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of

performance under Federal awards when completing the review of risk posed by applicants.

F. Federal Award Administration Information

1. Federal Award Notice

Following the evaluation outlined in Section E, MARAD will announce projects selected for

award by posting a list of selected projects at https://www.maritime.dot.gov/PIDPgrants. Notice

of selection is not authorization to begin performance or to incur costs for the proposed project.

Following that announcement, MARAD will contact the point of contact listed in the SF-424 to

initiate negotiation of the grant agreement.

Recipients of an award will not receive a lump-sum cash disbursement at the time of

announcement of project selection or obligation of funds. Instead, PIDP grant funds will

reimburse recipients only after a grant agreement has been executed, allowable expenses are

incurred, and a valid request for reimbursement has been submitted and approved by MARAD.

PIDP grant recipients must adhere to applicable requirements and follow established procedures

to receive reimbursement.

2. Administrative and National Policy Requirements

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a. Administrative Requirements

MARAD will determine the period of performance for each award based on the specific

project that was evaluated and selected. MARAD will administer each PIDP grant pursuant to a

grant agreement with the grant recipient. Amounts awarded as a grant under this notice that are

not expended by the grant recipient shall remain available to MARAD until September 30, 2033,

for use for grants under this program.

The grant agreement between a grant recipient and MARAD includes two attachments: one

labelled “Exhibits” and one labelled “General Terms and Conditions.” These attachments include

most of the administrative and national policy requirements applicable to PIDP grant awards.

Please visit https://www.maritime.dot.gov/grants/federal-grant-assistance/federal-grant-

assistance for the Exhibits and General Terms and Conditions for prior PIDP awards. The FY

2023 PIDP Exhibits and General Terms and Conditions will be similar to the FY 2022 PIDP

documents but will include relevant updates consistent with this notice.

Consistent with the provisions in 46 U.S.C. 54301(a)(10)(B) and 2 CFR 200.458, unless

“pre-award costs” are authorized by MARAD in writing after MARAD’s announcement of FY

2023 PIDP awards, any costs incurred prior to MARAD’s obligation of funds for a project are

ineligible for reimbursement and are ineligible to count as match for cost share 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. Additionally, other applicable Federal laws, Executive Orders, and any

rules, regulations, and requirements of MARAD will apply to the projects that receive PIDP

grant awards.

As expressed in Executive Order 14005, Ensuring the Future Is Made in All of America by

All of America’s Workers (86 FR 7475), it is the policy of the executive branch to use terms and
 65

conditions of Federal financial assistance awards to maximize the use of goods, products, and

materials produced in, and services offered in, the United States. Consistent with the

requirements of the Build America, Buy America Act, MARAD expects all applicants to

comply, and no amounts made available through this NOFO may be obligated for a project

unless all iron, steel, manufactured products, and construction materials used in the project are

produced in the United States. If selected for an award, grant recipients will be required to obtain

approval from DOT to waive any of these requirements. To obtain that approval, grant recipients

must be prepared to demonstrate how they will maximize the use of domestic goods, products,

and materials in constructing their project.

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; statutory, regulatory,

and public policy requirements, including, without limitation, those protecting free speech,

religious liberty, public welfare, the environment, and prohibiting discrimination; the conditions

of performance, nondiscrimination requirements, and other assurances made applicable to the

award of funds in accordance with regulations of DOT; and applicable Federal financial

assistance and contracting principles promulgated by the Office of Management and Budget. In

complying with these requirements, recipients must ensure that no concession agreements are

denied, or other contracting decisions made on the basis of speech or other activities protected by

the First Amendment.

Further, financial assistance recipients must comply with health and safety, labor,

employment, and equal employment opportunity laws including, but not limited to, the right to

organize, proper classification of workers as employees or independent contractors, and the

Occupational Safety and Health Act.

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If MARAD determines that a recipient has failed to comply with applicable Federal

requirements, MARAD may terminate the award of funds and disallow previously incurred

costs, requiring the recipient to reimburse any expended award funds.

Federal prevailing wage rate requirements included in subchapter IV of chapter 31 of title 40,

U.S.C., apply to all projects receiving funds under this program, and apply to all parts of the

project, whether funded with PIDP grant funds, other Federal funds, or non-Federal funds.

b. Program Requirements

(1) Climate Change and Sustainability

Each applicant selected for PIDP grant funding must demonstrate an effort to consider

climate change and sustainability impacts as described in Sections A and D. Projects that have

not sufficiently considered climate change, sustainability, and environmental justice in their

planning, as determined by MARAD, will be required to do so before receiving funds for

construction, consistent with Executive Order 14008, Tackling the Climate Crisis at Home and

Abroad (86 FR 7619). In the grant agreement, applicants will be required to certify that they

have taken one or more of the actions identified in Section E.1.b.(1) or will be required to

propose a new action that addresses climate change, sustainability, or environmental justice to be

completed prior to obligation of funds.

(2) Equity and Justice40

Each applicant selected for PIDP grant funding must demonstrate an effort to advance equity

as described in Sections A and D. Projects that have not sufficiently considered equity in their

planning, as determined by MARAD, will be required to do so before receiving funds for

construction, consistent with Executive Order 13985, Advancing Racial Equity and Support for

Underserved Communities Through the Federal Government (86 FR 7009) and Executive Order

14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335). In the grant
 67

agreement, applicants will be required to certify that they have taken one or more of the actions

listed in Section E.1.b.(2), or will be required to propose a new action that addresses equity or

Justice40 to be completed prior to obligation of construction funds.

(3) Workforce Development, Job Quality, and Wealth Creation

Each applicant selected for PIDP grant funding must demonstrate an effort to create good-

paying jobs with the free and fair choice to join a union and incorporation of strong labor

standards as described in Sections A and D. Projects that have not sufficiently considered job

quality and labor rights, standards, and protections in their planning, as determined by MARAD,

will be required to do so, to the full extent possible under the law, before receiving funds for

construction, consistent with Executive Order 14025, Worker Organizing and Empowerment (86

FR 22829) and Executive Order 14052, Implementation of the Infrastructure Investment and

Jobs Act (86 FR 64335). PIDP funds may not be used to support or oppose union organizing.

(4) Civil Rights and Title VI

As a condition of a grant award, grant recipients should demonstrate that the recipient has a

plan for compliance with civil rights obligations and nondiscrimination laws, including Title VI

of the Civil Rights Act of 1964 and implementing regulations (49 CFR part 21), the Americans

with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act, and all other civil

rights requirements and accompanying regulations. Grant recipients will be expected to develop

a Title VI program plan, a plan to address any legacy infrastructure or facilities that are not

compliant with ADA standards, and implement a Community Participation Plan (alternatively

called a Public Participation Plan). MARAD’s Office of Civil Rights is available to work with

awarded grant recipients to ensure full compliance with Federal civil rights requirements.

Recipients are encouraged to demonstrate that they have a plan in place that demonstrates action
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to create an inclusive workplace environment with a commitment to equal opportunity and

freedom from harassment.33

(5) Critical Infrastructure Security and Resilience

It is the policy of the United States to strengthen the security and resilience of its critical

infrastructure against both physical and cyber threats, including threats to reliable PNT data such

as spoofing and jamming of GPS. Each applicant selected for Federal funding under this notice

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 risk and resilience in their planning, design, and project oversight, as determined by the

Department, will be required to do so before receiving funds for construction, consistent with

Presidential Policy Directive 21 - Critical Infrastructure Security and Resilience and the National

Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems.

Information on cybersecurity performance goals can be found at https://www/cisa/gov/cpg.

These performance goals provide a baseline set of cybersecurity practices broadly applicable

across critical infrastructure with known risk-reduction value, a benchmark for critical

infrastructure operators to measure and improve their cybersecurity maturity, and a combination

of recommended practices for IT and OT owners, including a prioritized set of security practices.

Additionally, funding recipients must comply with 2 CFR 200.216 and the prohibition on certain

telecommunications and video surveillance services or equipment.

(6) Federal Contract Compliance

33
This could include provisions that prohibit unlawful discrimination against people with former justice
involvement; efforts to prevent hostility and harassment based on race, color, religion, sex, sexual orientation,
gender identity, national origin, and disability; training on anti-harassment and third-party reporting procedures, and
robust anti-retaliation measures, covering employees and contractors.
 69

As a condition of grant award and consistent with Executive Order 11246, Equal

Employment Opportunity (30 FR 12319, and as amended), all Federally-assisted contractors are

required to make good faith efforts to meet the goals of 6.9 percent of construction project hours

being performed by women, in addition to goals that vary based on geography for construction

work hours and for work being performed by people of color. Under Section 503 of the

Rehabilitation Act and its implementing regulations, affirmative action obligations for certain

contractors include an aspirational employment goal of 7 percent workers with disabilities.

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP)

is charged with enforcing Executive Order 11246, Section 503 of the Rehabilitation Act of 1973,

and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. OFCCP has a Mega

Construction Project Program through which it engages with project sponsors as early as the

design phase to help promote compliance with non-discrimination and affirmative action

obligations. OFCCP will identify projects that receive an award under this notice and are

required to participate in OFCCP’s Mega Construction Project Program from a wide range of

Federally assisted projects over which OFCCP has jurisdiction and that have a project cost above

$35 million. MARAD will require project sponsors with costs above $35 million that receive

awards under this funding opportunity to partner with OFCCP, if selected by OFCCP, as a

condition of their MARAD award. Under that partnership, OFCCP will ask these project

sponsors to make clear to prime contractors in the pre-bid phase that project sponsor’s award

terms will require their participation in the Mega Construction Project Program. Additional

information on how OFCCP makes their selections for participation in the Mega Construction

Project Program is outlined under “Scheduling” on the Department of Labor website:

https://www.dol.gov/agencies/ofccp/faqs/construction-compliance.

3. Reporting
 70

This section of the notice provides general information about the reporting requirements that

accompany PIDP grant funding. Potential applicants should review these requirements to ensure

that they can satisfy them if they receive an award. A recipient’s failure to timely submit

required reports may result in termination of an award and a legal requirement for the recipient to

return funding to MARAD.

a. Progress Reporting on Grant Activities

Each applicant selected for PIDP grant funding must submit quarterly progress reports and

Federal Financial Reports (SF-425) to monitor project progress and ensure accountability and

financial transparency in the PIDP.

b. Performance Reporting

Each applicant selected for PIDP grant funding must collect information and report on the

project’s observed performance with respect to the relevant long-term outcomes that are

expected to be achieved through construction of the project. Performance indicators will include

formal goals or targets for a period determined by MARAD. They will be used to evaluate and

compare projects and monitor the results that grant funds achieve to the intended long-term

outcomes of the PIDP. To the extent possible, performance indicators used in the reporting will

relate to at least one of the merit criteria defined in Section E and to a benefit estimated in the

BCA. MARAD expects that the level of performance will be consistent with estimates used in

the applicant’s BCA. Performance reporting continues for three years after project construction

is completed, and MARAD does not provide PIDP grant funding specifically for performance

reporting. For each project selected for award, MARAD, with input from the grant recipients,

will identify the measures to be collected. Those measures and the reporting requirements will be

formalized in the agreement obligating award funds for the project.

c. Port Performance Reporting

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DOT is required to report annually on port performance (see Section 6314 of the FAST Act).

To help DOT more accurately assess port performance, DOT may ask PIDP grant recipients to

validate data DOT receives related to the project, particularly on cargo throughput. Data which

DOT may ask the applicant to verify as a condition of award may include some or all of the

following: total capacity of inbound and outbound cargo; total volume of inbound and outbound

cargo; average number of lifts per hour of containers by crane; average vessel turn time by vessel

type; average cargo or container dwell time; port storage capacity and utilization; modal

throughput statistics, including rail and truck turn times; types of cargo moved; presence and

location of intermodal connectors; physical size of the terminals within the port boundaries;

maximum authorized channel depth and maximum actual/current channel depth; schedule of

vessel arrivals (for use in determining vessel on-time performance); and berth utilization.

d. Performance and Program Evaluation

As a condition of grant award, grant recipients may be required to participate in an evaluation

undertaken by DOT or another agency or partner. The evaluation may take different forms such

as an implementation assessment across grant recipients, an impact and/or outcomes analysis of

all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of

return on investment. DOT may require applicants to collect data elements to aid the evaluation.

As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make

records available to the evaluation contractor or DOT staff; (2) provide access to program

records, and any other relevant documents to calculate costs and benefits; (3) in the case of an

impact analysis, facilitate the access to relevant information as requested; and (4) follow

evaluation procedures as specified by the evaluation contractor or DOT staff.

Recipients and subrecipients are also encouraged to incorporate program evaluation

including associated data collection activities from the outset of their program design and
 72

implementation to meaningfully document and measure the effectiveness of their projects and

strategies. Title I of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence

Act), Pub. L. No. 115-435 (2019) urges Federal awarding agencies and Federal assistance

recipients and subrecipients to use program evaluation as a critical tool to learn, to improve

equitable delivery, and to elevate program service and delivery across the program lifecycle.

Evaluation means “an assessment using systematic data collection and analysis of one or more

programs, policies, and organizations intended to assess their effectiveness and efficiency”

(codified at 5 U.S.C. 311). For grant recipients, evaluation expenses are allowable costs (either

as direct or indirect), unless prohibited by statute or regulation, and such expenses may include

the personnel and equipment needed for data infrastructure and expertise in data analysis,

performance, and evaluation (2 CFR part 200).

e. Reporting of Matters Related to Recipient Integrity and Performance

If the total value of a selected applicant’s currently active grants, cooperative agreements,

and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any

period of time during the period of performance of this Federal award, then the applicant during

that period of time must maintain the currency of information reported to the SAM that is made

available in the designated integrity and performance system (currently FAPIIS) about civil,

criminal, or administrative proceedings described in paragraph 2 of this award term and

condition. This is a statutory requirement under Section 872 of Public Law 110–417, as amended

(41 U.S.C. 2313). As required by Section 3010 of Public Law 111–212, all information posted in

the designated integrity and performance system on or after April 15, 2011, except past

performance reviews required for Federal procurement contracts, will be publicly available.
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G. Federal Awarding Agency Contacts

For further information concerning this notice please contact the PIDP staff via email at

PIDPgrants@dot.gov, or call Wade Morefield at 202–366–6025. A TDD is available for

individuals who are deaf or hard of hearing at 202–366–3993. In addition, DOT will post

answers to questions and requests for clarifications at https://www.maritime.dot.gov/PIDPgrants.

To ensure applicants receive accurate information about eligibility or the program, the applicant

is encouraged to contact MARAD with questions directly, rather than through intermediaries or

third parties. MARAD may also conduct debriefs on the PIDP grants selection and award

process upon request by unsuccessful applicants.

H. Other Information

1. Protection of Confidential Business Information

All information submitted as part of or in support of any application shall use publicly

available data or data that can be made public and methodologies that are accepted by industry

practice and standards, to the extent possible. If the applicant submits information that the

applicant considers to be a trade secret or confidential commercial or financial information, the

applicant must provide that information in a separate document, which the applicant may cross-

reference from the application narrative or other portions of the application. For the separate

document containing confidential information, the applicant must do the following: (1) state on

the cover of that document that it “Contains Confidential Business Information (CBI)”; (2) mark

each page that contains confidential information with “CBI”; (3) highlight or otherwise denote

the confidential content on each page; and (4) at the end of the document, explain how disclosure

of the confidential information would cause substantial competitive harm. DOT will protect

confidential information complying with these requirements to the extent required under

applicable law. If DOT receives a Freedom of Information Act (FOIA) request for the
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information that the applicant has marked in accordance with this section, DOT will follow the

procedures described in its FOIA regulations at 49 CFR 7.29. Only information that is in the

separate document, marked in accordance with this section, and ultimately determined to be

confidential under Section 7.29 will be exempt from disclosure under FOIA.

2. Publication and Sharing of Application Information

Following the completion of the selection process and announcement of awards, MARAD

intends to publish a list of all applications received along with the names of the applicant

organizations and funding amounts requested. Except for the information properly marked as

described in Section H.1., MARAD may make application narratives publicly available or share

application information within the Department or with other Federal agencies if the Department

determines that sharing is relevant to the respective program’s objectives.

***

February 8, 2023

By Order of the Maritime Administrator