PREAMBLE

The Transit Cooperative Research Program (TCRP) plans to issue a subaward for a study and report. Legal reports sponsored by this project are published in TCRP's Legal Research Digest (LRD) series. Publications are available to some libraries and approximately 4,000 transportation lawyers and officials through the TRB distribution network.

BACKGROUND

The public transit landscape has expanded beyond traditional systems, with various agencies and private companies now providing transportation options to the public. These include transportation network companies (TNCs), taxis, and paratransit service providers. When these service providers establish contractual partnerships with federally funded transit agencies, they become subject to federal requirements.

In June 2018, TCRP LRD 53: Legal Considerations in Evaluating Relationships Between Transit Agencies and Ridesourcing Service Providers was published. This digest examined whether such providers were eligible for federal financial assistance and analyzed the legal implications of their partnerships with transit agencies. At the time, ride-sourcing services were relatively new to the transit industry. TCRP LRD 53 identified significant challenges these providers faced in meeting state and federal requirements.

Updating TCRP LRD 53 is now essential due to the significant changes that have occurred in this field. Since 2018, the number of companies entering the market has grown considerably. Additionally, federal and state governments have introduced new regulations and prioritized the enforcement of existing requirements, such as those under the Americans with Disabilities Act (ADA). The legal landscape has also evolved, with increased litigation addressing key issues related to these partnerships. An updated report should reflect these changes and provide transit agencies with up-to-date legal guidance.

OBJECTIVE

The objective of this research is to develop practical guidance and summarize relevant laws, litigation, and policy developments to support public transportation agencies, their legal counsel, and policymakers in decision-making related to contracting with service providers and ensuring compliance. The research aims to provide a comprehensive update to TCRP LRD 53 by addressing the following:

1.            Legal and Policy Framework

• • Summarize case law, federal, state, and local statutes, and other legal developments since the publication of TCRP LRD 53.
    
    
  • Provide an overview of federal, state, and local requirements governing ride-sharing services, including enforcement actions taken by relevant authorities.

2.            Agency Practices and Partnerships

• • Review selected public transportation agencies to highlight examples of effective collaboration with service providers, detailing the types of ride-sharing services involved (e.g., taxis, paratransit providers, and TNCs like Lyft and Uber) and the nature of their partnerships with transit agencies.

3.            COVID-19 Impact and Emerging Trends

• • Explore how the COVID-19 pandemic has influenced partnerships with TNCs and paratransit providers, focusing on:
    • Pandemic-related shifts in public transit reliance and increased use of alternative options.
    • Remote work trends and their impact on demand for these services.
    • Effects on public access, utilization, and equity stemming from pandemic-driven service changes.

4.            Service Compliance and Effectiveness

• • Examine the services provided by ride-sharing entities to transit agencies and the public, analyzing their compliance with regulatory requirements and the effectiveness of enforcement mechanisms.  

Accomplishment of the project objective(s) will require at least the following tasks.

TASKS

Task descriptions are intended to provide a framework for conducting the research. The TCRP is seeking the insights of proposers on how best to achieve the research objective. Proposers are expected to describe research plans that can realistically be accomplished within the constraints of available funds and subaward time. Proposals must present the proposers' current thinking in sufficient detail to demonstrate their understanding of the issues and the soundness of their approach to meeting the research objective.

Task 1.  Develop a research plan and detailed report outline. The consultant will conduct background research and develop a complete research plan that includes all relevant laws, regulations, and guidance necessary to complete this study. The outline should be about 10-15 pages and contain sufficient detail to inform the committee of what a 75-100-page report will contain. This outline should contain the number of pages for each proposed section or subsection. The consultant will submit this material to the committee for consideration.

Task 2. Conduct research. After approval of the work plan, the consultant should conduct additional research and case and statutory/regulatory analysis.

Task 3.  Submit a draft report in accordance with the approved work plan (including modifications required by TCRP).

Task 4. Submit a final report. The consultant should anticipate making two revisions to the report before it is finalized. One revision may be required after review by TCRP staff and members of a subcommittee. Final revisions may be necessary after the full committee has reviewed the report.

 PAYMENT SCHEDULE

25% paid upon submission and approval of the Task 1 report.

50% paid upon submission and approval of the Task 3 draft report.

25% paid upon submission and approval of the final report (following revisions as required by TCRP).

HOW TO PROPOSE

Proposals should be submitted as a single PDF with the following information in the following order: 

1.  Summary sheet 

2.      A research plan that describes each task in sufficient detail to allow the review panel to make an informed assessment of the likelihood of the proposer’s success.

The plan must include:

• An introduction that provides a concise overview of the proposer’s understanding of the topic and the issues presented, the proposed team’s experience and qualifications relevant to the topic, and the team’s proposed approach to conducting the research and preparing the report;
• A brief outline of the proposed contents of the report;
• Detailed information on the proposed research methodology for each task in sufficient detail to permit evaluation of achieving the objective(s);
• A statement of resources (e.g., hours per person per task) allocated to this project and timelines for each task;
• Resumes of key team members along with a description of responsibilities;
• Any additions, deletions, or changes you wish to suggest to the scope of work; and
• A list of relevant prior publications (one or two samples may be enclosed).

SPECIAL NOTES

A. Proposers should read Guidance for Working on NCHRP and TCRP Legal Projects for more information.

B. Proposals must be submitted as a single PDF file with a maximum file size of 10 MB. The PDF must be formatted for standard 8 ½” X 11” paper, and the entire proposal must not exceed 60 pages (according to the page count displayed in the PDF). Proposals that do not meet these requirements will be rejected. For other requirements, refer to chapter V of the instructions.

C. The Information and Instructions for Preparing Proposals for the Transportation Research Board’s Cooperative Research Programs have been modified to include a revised policy and instructions for disclosing Investigator Conflict of Interest. For more information, refer to chapter IV of the instructions. A detailed definition and examples can be found in the CRP Conflict of Interest Policy for Subawardees. The proposer recommended by the project panel will be required to submit an Investigator Conflict of Interest and Disclosure Form as a prerequisite for subaward negotiations.

D. Proposals will be rejected if any of the proposed research team members work for organizations represented on the project panel. The panel roster for this project can be found at https://www.mytrb.org/OnlineDirectory/Committee/Details/2717. Proposers may not contact panel members directly; this roster is provided solely for the purpose of avoiding potential conflicts of interest.

E. Proprietary Products - If any proprietary products are to be used or tested in the project, please refer to Item 6 in the Information and Instructions for Preparing Proposals.

F. Proposals are evaluated by the TCRP staff and project panels consisting of individuals collectively knowledgeable in the problem area. The project panel will recommend their first choice proposal considering the following factors: (1) the proposer's demonstrated understanding of the problem; (2) the merit of the proposed research approach and experiment design; (3) the experience, qualifications, and objectivity of the research team in the same or closely related problem area; (4) the plan for ensuring application of results; (5) how the proposer approaches inclusion and diversity in the composition of their team and research approach, including participation by certified Disadvantaged Business Enterprises; and, if relevant, (6) the adequacy of the facilities. A recommendation by the project panel is not a guarantee of a subaward. The National Academy of Sciences (NAS - the contracting authority for the National Academies of Sciences, Engineering, and Medicine) will conduct an internal due diligence review and risk assessment of the panel’s recommended proposal before subaward negotiations continue.

Note: The proposer's approach to inclusion and diversity as well as participation by Disadvantaged Business Enterprises should be incorporated in Item 11 of the proposal.

G. Copyrights - All data, written materials, computer software, graphic and photographic images, and other information prepared under the subaward and the copyrights therein shall be owned by the National Academy of Sciences. The subawardee and lower-tier subawardees will be able to publish this material for non-commercial purposes, for internal use, or to further academic research or studies with permission from TRB Cooperative Research Programs. The subawardee and lower-tier subawardees will not be allowed to sell the project material without prior approval by the National Academy of Sciences. By signing a subaward with the National Academy of Sciences, contractors accept legal responsibility for any copyright infringement that may exist in work done for TRB. Subawardees are therefore responsible for obtaining all necessary permissions for use of copyrighted material in TRB's Cooperative Research Programs publications. For guidance on TRB's policies on using copyrighted material please consult Section 5.4, "Use of Copyrighted Material," in the Procedural Manual for Subawardees.

H. The text of the final deliverable is expected to be publication ready when it is submitted. It is strongly recommended that the research team include the expertise of a technical editor as early in the project timeline as possible. See Appendix F of the Procedural Manual for Subawardees Conducting Research in the Transportation Research Board’s Cooperative Research Program for technical editing standards expected in final deliverables.

I. Proposals should include a task-by-task breakdown of labor hours for each staff member as shown in Figure 4 in the Information and Instructions for Preparing Proposals. Proposals also should include a breakdown of all costs (e.g., wages, indirect costs, travel, materials, and total) for each task using Figures 5 and 6 in the brochure. Please note that TRB Cooperative Research Program subawards (selected proposers are considered subawardees to the National Academy of Sciences, the parent organization of TRB) must comply with 2 CFR 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. These requirements include a provision that proposers without a "federally" Negotiated Indirect Costs Rate Agreement (NICRA) shall be subject to a maximum allowable indirect rate of 10% of Modified Total Direct Costs. Modified Total Direct Costs include all salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each lower-tier subaward. Modified Total Direct Costs exclude equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each lower-tier subaward in excess of $25,000.

J. The required technical memorandum titled “Implementation of Research Findings and Products” should (a) provide recommendations on how to best put the research findings/products into practice; (b) identify possible institutions that might take leadership in applying the research findings/products; (c) identify issues affecting potential implementation of the findings/products and recommend possible actions to address these issues; and (d) recommend methods of identifying and measuring the impacts associated with implementation of the findings/products. Implementation of these recommendations is not part of the research project and, if warranted, details of these actions will be developed and implemented in future efforts.

K. All budget information should be suitable for printing on 8½″ x 11″ paper. If a budget page cannot fit on a single 8½″ x 11″ page, it should be split over multiple pages. Proposers must use the Excel templates provided in the Information and Instructions for Preparing Proposals for the Transportation Research Board’s Cooperative Research Programs.

L. The National Academies have an ethical and legal obligation to provide proper attribution whenever material from other sources is included in its reports, online postings, and other publications and products. TRB will review all Cooperative Research Programs draft final deliverables using the software iThenticate for potential plagiarism. If plagiarized text appears in the draft final deliverable, the research team will be required to make revisions and the opportunity to submit future proposals may be affected.