Trans 6.03(1)(b)13.13. Payments to members of advisory committees, transit commissions or transit boards;
Trans 6.03(1)(b)14.14. Federal, state and local income taxes;
Trans 6.03(1)(b)15.15. Expenses related to contractual agreements for special planning studies;
Trans 6.03(1)(b)17.17. Expenses for contingencies or capital acquisitions, including contributions to a capital reserve account or fund. The cost of materials and supplies utilized in facility or vehicle repairs, regardless of cost, shall be considered as eligible operating costs so long as the repairs involve replacement of existing items.
Trans 6.03(1)(b)18.18. Fees imposed upon a contracted service provider by the grant recipient, such as taxicab license fees.
Trans 6.03(1)(b)19.19. Job access and reverse commute project expenses, except in cases where the recipient’s grant agreement with the department explicitly authorizes use of federal funds for such project(s).
Trans 6.03(1)(c)(c) An eligible applicant that contracts with a provider for eligible public transportation service shall use the competitive procurement process set forth in this paragraph to choose a provider. An eligible applicant shall follow this competitive procurement process for each of its eligible public transportation service contracts not less than once every 5 years. If, however, service is provided by a transit commission formed in accordance with an applicable enabling statute, the competitive procurement process need not be used. Eligible applicants shall use the following competitive procurement process:
Trans 6.03(1)(c)1.1. An eligible applicant shall prepare a “request for proposals” document that solicits proposals from providers and that describes essential provider qualifications and criteria for evaluating proposals. The eligible applicant shall send the document to the department for its approval and, after receiving departmental approval, shall post it along with any ancillary documents on the department of administration’s statewide goods and services electronic purchasing system website. The eligible applicant shall also cause an appropriate notice of the request for proposals to be published in a local newspaper of general circulation.
Trans 6.03(1)(c)2.2. If only one qualified provider submits a proposal to provide the eligible public transportation service and the proposal satisfies all requirements of the eligible applicant’s request for proposals, the eligible applicant may negotiate a contract with that provider. The negotiated contract shall be subject to the department’s approval.
Trans 6.03(1)(c)3.3. If 2 or more qualified providers submit proposals to provide the eligible public transportation service and the proposals satisfy all requirements of the eligible applicant’s request for proposals, the eligible applicant shall rank each provider on the criteria set forth in the request for proposals, and may negotiate a contract with the highest-ranking provider.
Trans 6.03(1)(c)4.4. An eligible applicant shall establish an appropriate procedure for resolving bid proposal complaints and conflicts. The department shall consider procedural complaints or conflicts that include, but are not limited to, complaints that allege that established proposal evaluation procedures have not been followed. The department shall not review the substance of an eligible applicant’s decision to select a particular service provider. This subdivision may not limit the department’s authority to review an eligible applicant’s actions or inactions under this section or under other state or federal law.
Trans 6.03(1)(d)(d) Paragraph (c) applies only to eligible applicants filing applications due on or after November 15, 1988.
Trans 6.03(2)(2)The federal share of capital project costs shall not exceed 80% of eligible costs, except that the federal share of vehicle-related equipment required by the Clean Air Act or the Americans with Disabilities Act of 1990 may, at the department’s discretion, be up to 90% of the net project cost of such equipment. The department shall establish the appropriateness of each capital expenditure. Where capital equipment is to be shared with parties not directly involved in the provision of the project service, the department will consider the equipment eligible for funding only if the applicant satisfactorily demonstrates that it will be used for the project service at least 50% of the available time. In such cases, the project cost shall be prorated according to the use percentage.
Trans 6.03(3)(3)No eligible applicant may use funds received from the United States department of transportation as part of its local contribution towards operating and capital project costs. This includes federal section 5311 operating assistance funds received in past calendar years.
Trans 6.03 HistoryHistory: Cr. Register, April, 1984, No. 340, eff. 5-1-84; emerg. am. (1) (b) 1., 3., 4., and 6., eff. 2-12-85; am. (1) (b) 1., 3., 4., 6. and 7., Register, November, 1985, No. 359, eff. 12-1-85; am. (1) (a) and (b) 4., r. and recr. (1) (b) 2., cr. (1) (c) and (d), Register, December, 1987, No. 384, eff. 1-1-88; reprinted to restore dropped copy in (1) (b) (intro.), Register, May, 1988, No. 389; am. (1) (a), (c) 3. and (2), cr. (1) (b) 18., Register, October, 1989, No. 406, eff. 11-1-89; am. (1) (b) 12. and 17., (c) and (2), Register, January, 1993, No. 445, eff. 2-1-93; CR 18-065: am. (1) (intro.), (a), (b) (intro.), 4., 6., 7., r. (1) (b) 16., am. (1) (b) 17., 18., cr. (1) (b) 19., am. (1) (c) 1. to 4., (2), cr. (3) Register October 2020 No. 778, eff. 11-1-20.
Trans 6.04Trans 6.04Distribution of federal aids.
Trans 6.04(1)(1)The state’s annual apportionment of federal section 5311 funds shall be distributed as follows:
Trans 6.04(1)(a)(a) Up to 10% will be reserved by the department for administrative and technical assistance purposes. Such technical assistance may include project planning, program development, management development, coordination of public transportation programs and research the department deems appropriate to promote effective means of delivering public transportation services in rural and small urban areas. Any uncommitted balance of the state’s apportionment of administrative funds from a preceding project year may be used during subsequent years until the balance is depleted.
Trans 6.04(1)(b)(b) Apportionments are initially available for operating assistance grants to eligible applicants, but when combined with state s. 85.20, Stats., operating assistance funds are limited to the lesser of either the operating deficit or 65% of the total eligible operating project costs. No city, village, or town may receive federal section 5311 funds to operate a municipal bus transportation system unless the system is approved by action of its governing body and by referendum vote of its electorate pursuant to s. 66.0803 (2) (a), Stats.
Trans 6.04(1)(c)(c) Any balance remaining in the apportionment referred to in par. (b) after operating assistance limits are met under par. (b) shall be available to all eligible applicants for capital grants awarded in accordance with criteria set forth under s. Trans 6.06.
Trans 6.04(1)(d)(d) Any balance remaining in the apportionment after capital assistance needs are met under par. (c) shall be available to all eligible applicants for operating assistance beyond the 65% limitation initially imposed in par. (b), not to exceed allowable limits under 49 USC 5311.
Trans 6.04(1)(e)(e) Not less than 15% of the apportionment made available to the state shall be used for the development and support of intercity bus service. Eligible activities under this program may include planning and marketing, capital grants for intercity bus shelters, joint-use stops and depots, operating grants through purchase-of-service agreements, user-side subsidies and demonstration projects, and coordination of rural connections between small transit operations and intercity bus carriers. This requirement is effective unless the governor certifies that the intercity bus service needs of the state are adequately being met.
Trans 6.04(2)(2)Any uncommitted balances of the state’s apportionments or any unexpended balances from previous obligations shall be carried forward to the following year.
Trans 6.04 HistoryHistory: Cr. Register, April, 1984, No. 340, eff. 5-1-84; emerg., am. (1) (c), eff. 2-12-85; emerg. am. (1) (c), eff. 6-5-85; am. (2), Register, November, 1985, No. 359, eff. 12-1-85; am. (1) (c), cr. (1) (d), Register, December, 1989, No. 408, eff. 1-1-90; emerg. r. (1) (b), renum. (1) (c) and (d) to be (1) (b) and (c) and am., cr. (1) (d), eff. 2-20-92; r. (1) (b), renum. (1) (c) and (d) to be (1) (b) and (c) and am., cr. (1) (d), Register, June, 1992, No. 438, eff. 7-1-92; cr. (1) (e) Register, January, 1993, No. 445, eff. 2-1-93; am. (1) (e), Register, July, 1996, No. 487, eff. 8-1-96; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 18-065: am. (1) (intro.), (a), (b), (d), (e) Register October 2020 No. 778, eff. 11-1-20.
Trans 6.05Trans 6.05Operating grants to rural and small urban areas. Subject to the limitations set forth in s. Trans 6.03 (1), the operating assistance funds available in s. Trans 6.04 (1) (b) and (d) shall be allocated among eligible applicants in proportion to each applicant’s share of the projected operating project costs of all applications.
Trans 6.05 HistoryHistory: Cr. Register, April, 1984, No. 340, eff. 5-1-84; emerg. am. eff. 2-20-92; am. Register, June, 1992, No. 438, eff. 7-1-92; CR 18-065: am. (title) Register October 2020 No. 778, eff. 11-1-20.
Trans 6.06Trans 6.06Capital grants.
Trans 6.06(1)(1)When awarding capital assistance funds under s. Trans 6.04 (1) (c), the department shall consider the age and condition of items for which eligible applicants request funding, and the following funding hierarchy:
Trans 6.06(1)(a)(a) Urgent capital needs that, based on available information, the department deems critical to transportation safety, operations, or asset management;