Wis. Admin. Code Department of Transportation § Trans 6.03 - Federal share of project costs
(1) The federal
share of an eligible public transportation service 's operating project costs
shall not exceed 50% of its operating deficit, except for projects where the
department uses capital cost of contracting procedures to determine the
service's reimbursement amount. On applicable projects, the capital cost of
contracting reimbursement rate shall be based on allowances specified in
federal transit law or guidance. The following operating revenues and expenses
shall be used to establish the project operating deficit:
(a) Operating revenues shall consist of all
passenger revenue derived from the project service, including the portion of
through revenue attributed to eligible project routes, station revenues derived
from the project service and any unrestricted federal, state or local funds
received as a result of providing the project service that are not used to
match federal section 5311 funds . Operating revenues also may include income
generated through approved job access and reverse commute type projects,
consistent with
49 USC
5311.
Note: Charter, package delivery, and package
express operating expenses and revenues for all applicants are assumed to be
equal and, therefore, shall not have any net financial effect on the
(b) Eligible
operating costs are those transportation and overhead expenses associated with
the provision of public transportation service including labor, fringe
benefits, materials and supplies, utilities, insurance, purchased
transportation service, license fees and certain lease expenses. They also may
include other expenses associated with approved job access and reverse commute
type projects, consistent with
49 USC
5311. The following are not eligible project
costs:
1. Depreciation and amortization for
publicly owned facilities and equipment;
2. Expenses that are offset or that will be
offset by means that include, but are not limited to, cash discounts or
refunds, tax rebates including fuel tax rebates, insurance proceeds or resale
proceeds;
3. Interest expense,
except that privately owned systems may include interest on short-term debt
obligation;
4. Return on
investment, except that a private provider that negotiates all or part of a
transportation service contract with an eligible applicant is eligible for a
return on its investment. Its return on investment shall be a fixed amount and
may not exceed an amount calculated by applying the interest rate the secretary
of the treasury specifies under 50 USC App. 1215 (b) (2) as applicable to the
period ending on December 31 of the year prior to the project year to the net
book value of the private provider 's equipment and facilities used in providing
the contracted transportation service;
5. Lease-purchase payments;
6. Lease payments to a related party which
are made under less than an arm's length agreement. Only actual eligible
project costs of owning the property, including depreciation and taxes, shall
be allowed;
7. Lease payments by
small urban area systems for revenue passenger vehicles unless, and only for
the term, pre-approved by the department ;
8. Entertainment costs;
9. Fines and penalties;
10. Bad debts;
11. Charitable deductions;
12. User-side subsidies except those
specifically funded under an intercity bus project ;
13. Payments to members of advisory
committees, transit commissions or transit boards;
14. Federal, state and local income
taxes;
15. Expenses related to
contractual agreements for special planning studies;
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.
18. Fees imposed upon a contracted service
provider by the grant recipient, such as taxicab license fees.
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).
(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:
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.
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.
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.
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.
(d) Paragraph (c) applies only to
eligible applicants filing applications due on or after November 15, 1988.
(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.
(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.
Notes
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