13cclisol.pdf

U.S. Department of Justice OMB No. 1121-0329 Office of Justice Programs Bureau of Justice Assistance

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is seeking applications for funding for the Capital Case Litigation Initiative (CCLI). This program furthers the Department’s mission by providing grants to improve capital case litigation representation and reliability of verdicts in state capital cases through effective training.

Capital Case Litigation Initiative FY 2013 Competitive Grant Announcement

Eligibility

Eligible applicants are limited to state agencies in states that authorize capital punishment and that conduct, or will conduct, prosecutions in which capital punishment is sought. For the state agency to be eligible, its state must have an “effective system” for providing competent legal representation for indigent defendants in capital cases. An “effective system” is defined in 42 U.S.C. § 14163(e) as a system that invests the responsibility for appointing qualified attorneys to represent indigent defendants in capital cases:

(A) In a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation in capital cases;

(B) In an entity established by statute or by the highest state court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital cases, except for individuals employed as prosecutors; or

(C) Pursuant to a statutory procedure enacted before the date of the enactment of the CCLI

Act [October 30, 2002] under which the trial judge is required to appoint qualified attorneys from a roster maintained by a state or regional selection committee or similar entity.

Applicants must identify in the application (see page 10) which of these three qualifying “effective systems” their state has in place. Applicants that do not identify an “effective system” in their application will NOT be eligible for an award.

BJA may elect to make awards for applications submitted under this solicitation in future fiscal years, dependent on the merit of the applications and on the availability of appropriations.

http://www.justice.gov/ http://www.ojp.gov/ https://www.bja.gov/ https://www.bja.gov/

BJA-2013-3443

OMB No. 1121-0329 Approval Expires 02/28/2013

Deadline

Applicants must register with Grants.gov prior to submitting an application. (See “How To Apply,” page 17, for more details.) All applications are due by 11:59 p.m. eastern time on March 28, 2013. (See “Deadlines: Registration and Application,” page 4.)

Contact Information

For technical assistance with submitting the application, contact the Grants.gov Customer Support Hotline at 1–800–518–4726 or 606–545–5035 or via e-mail to support@grants.gov.

Note: The Grants.gov Support Hotline hours of operation are 24 hours a day, 7 days a week, except federal holidays.

For assistance with any other requirement of this solicitation, contact the BJA Justice Information Center at 1–877–927–5657, via e-mail to JIC@telesishq.com, or via live web chat at www.justiceinformationcenter.us. The BJA Justice Information Center hours of operation are 8:30 a.m. to 5:00 p.m. eastern time, Monday through Friday, and 8:30 a.m. to 8:00 p.m. eastern time on the solicitation close date.

Grants.Gov number assigned to announcement: BJA-2013-3443

Release date: January 2, 2013 http://www.grants.gov/applicants/apply_for_grants.jsp mailto:support@grants.gov http://www.grants.gov/applicants/apply_for_grants.jsp mailto:JIC@telesishq.com http://www.justiceinformationcenter.us/

CONTENTS

Overview 4

Deadlines: Registration and Application 4

Eligibility 4

Capital Case Litigation Initiative Program—Specific Information 4

Performance Measures 7

Notice of Post-Award Reporting Requirements 8

CCLI- Specific Reporting Requirements 8

What an Application Should Include 9 Information to Complete the Application for Federal Assistance (SF-424)

Program Narrative Budget Detail Worksheet and Budget Narrative Indirect Cost Rate Agreement (if applicable) Additional Attachments

Other Standard Forms

Selection Criteria 13

Review Process 15

Additional Requirements 16

How To Apply 17

Provide Feedback to OJP on This Solicitation 19

Application Checklist 20

Capital Case Litigation Initiative

(CFDA #16.746)

Overview

The purpose of the Capital Case Litigation Initiative (CCLI) (supported by 42 U.S.C. §14163 et seq.) is to provide high-quality training on death penalty issues to improve legal representation provided to indigent defendants charged with having committed capital crimes and to enhance the ability of prosecutors to effectively represent the public in state capital cases.

Deadlines: Registration and Application

Applicants must register with Grants.gov prior to submitting an application. OJP encourages applicants to register several weeks before the application submission deadline. In addition, OJP urges applicants to submit applications well in advance of the application due date. The deadline to apply for funding under this announcement is 11:59 p.m. eastern time on March 28, 2013. See the “How To Apply” section on page 17 for more details. Please note that while the deadline for submission is 11:59 p.m. eastern time on March 28, 2013, staff assistance through the BJA Justice Information Center is only available until 8:00 p.m. eastern time (see “Contact Information” on the title page for more information about BJA’s Justice Information Center).

Eligibility

Refer to the title page for eligibility under this program.

Capital Case Litigation Initiative—Specific Information

The purpose of CCLI is to improve the quality and effectiveness of representation in death penalty cases through training for both the prosecutors who represent the public and the defense attorneys who represent indigent defendants in state capital cases. Because capital case litigation is governed by unique evidentiary rules and processes, specified training is essential to improve the quality of legal representation and to ensure reliable jury verdicts in state capital cases. Grant funds may only be used to provide training to improve legal representation in trial-level capital case litigation and may not be used for the purpose of providing training in appellate or collateral relief matters. Grant funds may not be used to fund, either directly or indirectly, representation in, or prosecution of, specific capital cases.

Goals, Objectives, and Deliverables

The goals of this initiative are to: 1) increase the number of prosecutors and defense attorneys trained in capital case procedures and strategies; 2) improve the quality of legal representation provided to indigent defendants in state capital cases through a state-based training program that serves to improve an “effective system” (as defined in 42 U.S.C. §14163(e)); and 3) enhance the ability of prosecutors to effectively represent the public in state capital cases.

https://www.bja.gov/Publications/42USC14163.pdf

BJA is seeking applications from state agencies to implement a training program for capital case litigators. Funds awarded must be allocated equally between trainings to improve the quality of legal representation provided by capital case indigent defense counsel AND capital case prosecutors. BJA may give priority consideration to states that are either first-time applicants or have never received a CCLI grant award.

Previous-year funding for CCLI was used, in part, to develop curricula for training defense counsel by the National Association of Criminal Defense Lawyers and for prosecutors by the National District Attorneys Association. BJA requires that applicants use these curricula in planning their state trainings (sample agendas that cover the material included in the curricula can be found at www.bja.gov/Publications/CCLItraining.pdf). The defense curriculum centers around the “bring your own case” model and includes topics such as mental health, investigation issues, and penalty phase. The prosecution curriculum includes topics such as discovery, jury selection, mental defense, ethics, and closing arguments.

Additionally, once awarded, grantees must work with both BJA training and technical assistance (TTA) providers prior to submitting agendas to BJA for approval. Current BJA TTA providers are the National District Attorneys Association (for prosecution trainings) and the National Association of Criminal Defense Lawyers (for defense trainings). Specifically, applicants must:

• Submit proposed draft agendas to the relevant TTA provider at least 120 days in advance of the proposed training dates, and

• Provide the TTA providers with a list of proposed faculty along with the proposed draft agenda.

Amount and Length of Awards

BJA anticipates that it will make awards of up to $250,000 each for a project period of no less than 12 months and no greater than 24 months. The state agency may also request up to 15 percent (a maximum of $37,500) of the total requested amount to cover administrative costs directly related to the administration of the grants, including but not limited to, those costs necessarily incurred by the state in order to comply with the compulsory set of statutory reporting requirements (addressed in greater detail below). After allowable administrative costs are deducted, the recipient state agency must allocate the funds equally between training for capital defense counsel and capital prosecutors. Awards may not be used to fund, directly or indirectly, representation in specific capital cases. The project start date should be on or after October 1, 2013.

All awards are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by law.

Budget Information

Limitation on Use of Award Funds for Employee Compensation; Waiver With respect to any award of more than $250,000 made under this solicitation, recipients may not use federal funds to pay total cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110 percent of the maximum annual salary payable to a member of the federal government’s Senior Executive Service (SES) at an agency with a

Certified SES Performance Appraisal System for that year. (The 2012 salary table for SES employees is available at www.opm.gov/oca/12tables/indexSES.asp.) Note: A recipient may compensate an employee at a greater rate, provided the amount in excess of this compensation limitation is paid with non-federal funds. (Any such additional compensation will not be considered matching funds where match requirements apply.)

The Assistant Attorney General (AAG) for OJP may exercise discretion to waive, on an individual basis, the limitation on compensation rates allowable under an award. An applicant requesting a waiver should include a detailed justification in the budget narrative of the application. Unless the applicant submits a waiver request and justification with the application, the applicant should anticipate that OJP will request the applicant to adjust and resubmit the budget.

The justification should include the particular qualifications and expertise of the individual, the uniqueness of the service the individual will provide, the individual’s specific knowledge of the program or project being undertaken with award funds, and a statement explaining that the individual’s salary is commensurate with the regular and customary rate for an individual with his/her qualifications and expertise, and for the work to be done.

Minimization of Conference Costs OJP encourages applicants to review the OJP guidance on conference approval, planning, and reporting that is available on the OJP web site at www.ojp.gov/funding/confcost.htm. This guidance sets out the current OJP policy, which requires all funding recipients that propose to hold or sponsor conferences (including meetings, trainings, and other similar events) to minimize costs, requires OJP review and prior written approval of most conference costs for cooperative agreement recipients (and certain costs for grant recipients), and generally prohibits the use of OJP funding to provide food and beverages at conferences. The guidance also sets upper limits on many conference costs, including facility space, audio/visual services, logistical planning services, programmatic planning services, and food and beverages (in the rare cases where food and beverage costs are permitted at all).

Prior review and approval of conference costs can take time (see the guidance for specific deadlines), and applicants should take this into account when submitting proposals. Applicants also should understand that conference cost limits may change and that they should check the guidance for updates before incurring such costs.

Note on food and beverages: OJP may make exceptions to the general prohibition on using OJP funding for food and beverages, but will do so only in rare cases where food and beverages are not otherwise available (e.g., in extremely remote areas); the size of the event and capacity of nearby food and beverage vendors would make it impractical to not provide food and beverages; or a special presentation at a conference requires a plenary address where conference participants have no other time to obtain food and beverages. Any such exception requires OJP’s prior written approval. The restriction on food and beverages does not apply to water provided at no cost, but does apply to any and all other refreshments, regardless of the size or nature of the meeting. Additionally, this restriction does not affect direct payment of per diem amounts to individuals in a travel status under your organization’s travel policy.

Costs Associated with Language Assistance (if applicable) If an applicant proposes a program or activity that would deliver services or benefits to individuals, the costs of taking reasonable steps to provide meaningful access to those services http://www.opm.gov/oca/12tables/indexSES.asp http://www.ojp.gov/funding/confcost.htm or benefits by individuals with limited English proficiency may be allowable. Reasonable steps to provide meaningful access to services or benefits may include interpretation or translation services where appropriate.

For additional information, see the "Civil Rights Compliance" section of the OJP "Other Requirements for OJP Applications" web page at www.ojp.usdoj.gov/funding/other_requirements.htm.

Match Requirement This solicitation does not require a match. However, if a successful application proposes a voluntary match amount, and OJP approves the budget, the total match amount incorporated into the approved budget becomes mandatory and subject to audit.

Performance Measures

To assist the Department with fulfilling its responsibilities under the Government Performance and Results Act (GPRA), Public Law 103-62, and the GPRA Modernization Act of 2010, Public Law 111-352, applicants that receive funding under this solicitation must provide data that measure the results of their work done under this solicitation. OJP will require any award recipient, post award, to provide the data requested in the “Data Grantee Provides” column so that OJP can calculate values for the “Performance Measures” column. Award recipients will be required to report the performance measures quarterly in BJA’s online Training and Technical Assistance Reporting System (TTARS). Performance measures for this solicitation are as follows:

Objective

Performance Measures

Data Grantee Provides

Improve the quality and effectiveness of legal representation in capital cases by training capital case litigators on death penalty issues.

Number of attorneys trained

Percent increase in the number of capital litigation attorneys trained in capital case procedures and strategies

Percentage of attorney’s trained who reported an increase in knowledge or skill

Baseline for new award recipients:

Number of attorneys in the state who litigate death penalty cases and are trained on death penalty issues

Number of prosecutors eligible for training in the state

Number of defense attorneys eligible for training in the state

Number of prosecutors trained during the current reporting period

Number of defense attorneys who represent indigent defendants, trained during the current reporting period

Number of attorneys reporting

Number of attorneys trained who reported an increase in knowledge and skill

Improve the capital case “effective system” by increasing the knowledge of criminal justice

Percentage of in-person trainees who successfully completed the program

Percentage of in-person trainees who

For the current reporting period:

Number of individuals who:

• Attended each training

• Completed each training http://www.ojp.usdoj.gov/funding/other_requirements.htm https://www.bjatools.org/ https://www.bjatools.org/ practitioners through in-person training.

completed the training who rated the training as satisfactory or better

Percentage of in-person trainees who completed the training whose post-test indicated an improved score over their pre-test

• Completed an evaluation at the conclusion of the training

• Rated the training as satisfactory or better

• Completed a pre- and post-test

• Had an improved post-test score over their pre-test

OJP does not require applicants to submit performance measures data with their applications.

Instead, applicants should discuss in their application their proposed methods for collecting data for performance measures. Please refer to the section “What an Application Should Include” on page 9 for additional information.

Note on Project Evaluations Applicants that propose to use funds awarded through this solicitation to conduct project evaluations should be aware that certain project evaluations (such as systematic investigations designed to develop or contribute to generalizable knowledge) may constitute “research” for purposes of applicable DOJ human subjects protection regulations. However, project evaluations that are intended only to generate internal improvements to a program or service, or are conducted only to meet OJP’s performance measure data reporting requirements likely do not constitute “research.” Applicants should provide sufficient information for OJP to determine whether the particular project they propose would either intentionally or unintentionally collect and/or use information in such a way that it meets the DOJ regulatory definition of research.

Research, for the purposes of human subjects protections for OJP-funded programs, is defined as, “a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge” 28 C.F.R. § 46.102(d). For additional information on determining whether a proposed activity would constitute research, see the decision tree to assist applicants on the “Research and the Protection of Human Subjects” section of the OJP “Other Requirements for OJP Applications” web page (www.ojp.usdoj.gov/funding/other_requirements.htm). Applicants whose proposals may involve a research or statistical component also should review the “Confidentiality” section on that web page.

Notice of Post-Award FFATA Reporting Requirements

Applicants should anticipate that OJP will require all recipients (other than individuals) of awards of $25,000 or more under this solicitation, consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA), to report award information on any first-tier subawards totaling $25,000 or more, and, in certain cases, to report information on the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients. Each applicant entity must ensure that it has the necessary processes and systems in place to comply with the reporting requirements should it receive funding. Reports regarding subawards will be made through the FFATA Subaward Reporting System (FSRS), found at www.fsrs.gov.

http://www.ojp.usdoj.gov/funding/other_requirements.htm http://www.fsrs.gov/

Note also that applicants should anticipate that no subaward of an award made under this solicitation may be made to a subrecipient (other than an individual) unless the potential subrecipient acquires and provides a Data Universal Numbering System (DUNS) number.

CCLI- Specific Reporting Requirements

In addition to OJP’s reporting requirements, the authorizing statute for this program (42 U.S.C.

§14163, et seq.) requires that each state receiving funds under this solicitation submit reports that detail how a state appoints, maintains, trains, and monitors qualified representation for indigent defendants in a capital case; and for capital prosecutors, how the state qualifies and assesses capital prosecutors, identifies and implements potential legal reform to minimize error in capital cases, systemically reviews capitol cases where post-conviction DNA testing may be appropriate, and provides support and assistance for victims.

All grant recipients are subject to the following reporting requirements:

For both capital defender and capital prosecutor training grants, thoroughly review these requirements (42 U.S.C. §14163c(b)) at: www.bja.gov/Publications/42USC14163.pdf.

In addition, pursuant to 42 USC 14163c, each state receiving CCLI funds must submit an annual report to the Attorney General (AG). The annual report must: (1) identify the activities carried out with CCLI funds; (2) explain how each activity identified complies with the terms and conditions of the grant; (3) account for all amounts expended; (4) include a statement from the grantee that no funds have been used to fund representation in specific capital cases or to supplant non-federal funds; (5) explain the means by which the grantee has achieved or has progressed toward compliance with the requirements set forth in 42 U.S.C. §14163c(b)(2)-(3) (see link above to complete text of the legislation).

Grantees must submit their CCLI-specific annual reports as an attachment to the grant recipient’s semi-annual progress report that is due on January 30 for the reporting period ending December 31. The CCLI annual report, which is separate from the BJA semi-annual progress report, should cover the period from January 1 to December 31.

What an Application Should Include

Applicants should anticipate that if they fail to submit an application that contains all of the specified elements, it may negatively affect the review of their application, and, should a decision be made to make an award, it may result in the inclusion of special conditions that preclude the recipient from accessing or using award funds pending satisfaction of the conditions.

Moreover, applicants should anticipate that applications that are determined to be nonresponsive to the scope of the solicitation, or that do not include the application elements that BJA has designated to be critical, will neither proceed to peer review nor receive further consideration. Under this solicitation, BJA has designated the following applications elements as critical: Program Narrative and Budget Detail Worksheet including a Budget Narrative.

Applicants may combine the Budget Narrative and the Budget Detail Worksheet in one document. However, if an applicant submits only one document, it must contain both narrative https://www.bja.gov/Publications/42USC14163.pdf https://www.bja.gov/Publications/42USC14163.pdf http://www.bja.gov/Publications/42USC14163.pdf and detail information. As stated on page 1, applicants must also identify in their application which of the three qualifying “effective systems” their state has in place. Applicants that do not identify an “effective system” in their application will NOT be eligible for an award.

OJP strongly recommends that applicants use appropriately descriptive file names (e.g., “Program Narrative,” “Budget Detail Worksheet and Budget Narrative,” “Timelines,” “Memoranda of Understanding,” “Resumes”) for all attachments. OJP recommends that resumes be included in a single file.

1. Information to Complete the Application for Federal Assistance (SF-424)

The SF-424 is a required standard form used as a cover sheet for submission of pre-applications, applications, and related information. Grants.gov and GMS take information from the applicant’s profile to populate the fields on this form. When selecting "type of applicant," if the applicant is a for-profit entity, select "For-Profit Organization" or "Small Business" (as applicable).

2. Program Narrative

The program narrative should respond to the solicitation and Selection Criteria (1-6) listed below in the order given. The Program Narrative should be double-spaced, using a standard 12-point font (Times New Roman is preferred) with 1-inch margins, and must not exceed 10 pages. Number pages “1 of 10,” “2 of 10,” etc.

If the program narrative fails to comply with these length-related restrictions, BJA may consider such noncompliance in peer review and in final award decisions.

The following sections should be included as part of the program narrative:

a. Statement of the Problem

b. Project Design and Implementation

c. Capabilities and Competencies

d. Plan for Collecting the Data Required for this Solicitation’s Performance Measures

BJA does not require applicants to submit performance measures data with their application. Performance measures are included as an alert that BJA will require successful applicants to submit specific data to BJA as part of their reporting requirements. For the application, applicants should indicate an understanding of these requirements and discuss how they will gather the required data, should they receive funding.

e. Sustainability Plan

Further information is available under the Selection Criteria section, page 13.

3. Budget Detail Worksheet and Budget Narrative

a. Budget Detail Worksheet See pages 4-5 for examples of what can be funded under this initiative. Applicants must budget funding to travel to one DOJ-sponsored financial management training, offered regionally. For locations and dates of the trainings, see www.esi-bethesda.com/OJPtraining/information.html.

http://www.esi-bethesda.com/OJPtraining/information.html http://www.esi-bethesda.com/OJPtraining/information.html

A sample budget detail worksheet can be found at www.ojp.gov/funding/forms/budget_detail.pdf. Applicants that submit their budget in a different format should include the budget categories listed in the sample budget worksheet. If the grant period is longer than 1 year, the applicant should ensure that the budget reflects the entire grant period, not just 1 year. Additionally, applicants should provide computations for all costs and ensure that the requested amount does not exceed the funds allotted.

For questions pertaining to budget and examples of allowable and unallowable costs, please see the OJP Financial Guide at www.ojp.usdoj.gov/financialguide/index.htm.

b. Budget Narrative

The Budget Narrative should thoroughly and clearly describe every category of expense listed in the Budget Detail Worksheet. OJP expects proposed budgets to be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities).

Applicants should demonstrate in their budget narratives how they will maximize cost effectiveness of grant expenditures. Budget Narratives should generally describe cost effectiveness in relation to potential alternatives and the goals of the project. For example, a budget narrative should detail why planned in-person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality.

The narrative should be mathematically sound and correspond with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the applicant estimated and calculated all costs and how they are relevant to the completion of the proposed project. The narrative may include tables for clarification purposes but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget Narrative should be broken down by year to reflect the entire grant period; however, the budget summary page totals should reflect the entire grant period.

4. Indirect Cost Rate Agreement (if applicable)

Indirect costs are allowed only if the applicant has a federally approved indirect cost rate. (This requirement does not apply to units of local government.) Attach a copy of the federally approved indirect cost rate agreement to the application. Applicants that do not have an approved rate may request one through their cognizant federal agency, which will review all documentation and approve a rate for the applicant organization or, if the applicant’s accounting system permits, costs may be allocated in the direct cost categories.

If DOJ is the cognizant federal agency, obtain information needed to submit an indirect cost rate proposal at www.ojp.usdoj.gov/financialguide/part3/part3chap17.htm.

5. Additional Attachments: Project Timeline, Position Descriptions/Resumes, and a

Statement from an Authorized Agent of the State Attach a Project Timeline with each project goal, related objective, activity, expected completion date, and responsible organization or person (by title and name, if known);

Position Descriptions for key positions and resumes for current staff; and a brief Statement from an Authorized Agent of the State (as defined by the state), which may include the State Administering Agency, that federal funds received under this program will be allocated http://www.ojp.gov/funding/forms/budget_detail.pdf http://www.ojp.usdoj.gov/financialguide/index.htm http://www.ojp.usdoj.gov/financialguide/part3/part3chap17.htm

SAMPLE

equally between training for capital indigent defenders and prosecutors (see Selection Criteria, page 13, for further information).

Applicant disclosure of pending applications Applicants are to disclose whether they have pending applications for federally funded assistance that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. The disclosure should include both direct applications for federal funding (e.g., applications to federal agencies) and indirect applications for such funding (e.g., applications to state agencies that will be subawarding federal funds).

OJP seeks this information to help avoid any inappropriate duplication of funding.

Leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication.

Applicants that have pending applications as described above are to provide the following information about pending applications submitted within the last 12 months:

• The federal or state funding agency

• The solicitation name/project name

• The point of contact information at the applicable funding agency

Applicants should include the table as separate attachment, with the file name “Disclosure of Pending Applications,” to their application. Applicants that do not have pending applications as described above are to include a statement to this effect in the separate attachment page (e.g. “[Applicant Name] does not have pending applications within the last 12 months for federally funded assistance that include requests for funding or support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation.”).

6. Other Standard Forms Additional forms that may be required in connection with an award are available on OJP’s funding page at www.ojp.usdoj.gov/funding/forms.htm. For successful applicants, receipt of funds may be contingent upon submission of all necessary forms. Note in particular the following forms:

Federal or State Funding Agency

Solicitation Name/Project Name

Name/Phone/E-mail for Point of Contact at Funding Agency

DOJ/COPS COPS Hiring Program

Jane Doe, 202/000-0000; jane.doe@usdoj.gov

HHS/ Substance Abuse & Mental Health Services Administration

Drug Free Communities Mentoring Program/ North County Youth Mentoring Program

John Doe, 202/000-0000; john.doe@hhs.gov http://www.ojp.usdoj.gov/funding/forms.htm

a. Standard Assurances* Applicants must read, certify, and submit this form in GMS prior to the receipt of any award funds.

b. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements Applicants must read, certify, and submit in GMS prior to the receipt of any award funds.

c. Accounting System and Financial Capability Questionnaire Any applicant (other than an individual) that is a non-governmental entity and that has not received any award from OJP within the past 3 years, must download, complete, and submit this form.

*These OJP Standard Assurances and Certifications are forms which applicants accept in GMS. They are not additional forms to be uploaded at the time of application submission.

Selection Criteria

The following six selection criteria will be used to evaluate each application, with the different weight given to each based on the percentage value listed below after each individual criteria.

For example, for the first criteria, “Statement of the Problem,” this section is worth 20 percent of the entire application in the review process.

1. Statement of the Problem (20 percent of 100)

Identify the number of death penalty cases that have been charged and tried in the last two calendar years (2011 and 2012) in your state, if any, and the outcomes of those trials.

Applicants should provide any relevant and supportive data that helps to clearly define the issue and need for capitol litigation training in their state. Identify with specificity how a CCLI grant will improve the quality of trial-level legal representation in your state.

Certifications and other statutory requirements:

Attach to the application a certification from an agent authorized to act on behalf of the state (which may include the State Administering Agency) addressing all of the following:

1) a certification by a state officer with requisite knowledge that the state authorizes capital punishment under its laws and conducts, or will conduct, prosecutions in which capital punishment is sought;

2) a description of the communities to be served by the CCLI grant, including the nature of existing capital defender services and capital prosecution programs within such communities. Include a brief description of the assets and/or challenges currently associated with those programs;

3) a long-term statewide strategy and detailed implementation plan that: (i) reflects consultation with the judiciary, the organized bar, and state and local prosecutor and defender organizations; and (ii) establishes as a priority improvement in the quality of trial-level representation of indigents charged with capital crimes and trial-level prosecution of capital crimes;

http://www.ojp.usdoj.gov/funding/forms/std_assurances.pdf http://www.ojp.usdoj.gov/funding/forms/certifications.pdf http://www.ojp.usdoj.gov/funding/forms/certifications.pdf http://www.ojp.usdoj.gov/funding/forms/financial_capability.pdf

4) assurance by the applicant that federal funds received under this program will be allocated equally between training for capital case indigent defense counsel and capital case prosecutors; and

5) an affirmative statement by the applicant that federal funds received under this program will be used to supplement and not supplant non-federal funds that would otherwise be available for the same purpose.

Additional statutory requirements for certain state applicants:

In addition to the above certifications and other statutory requirements, you may also need to submit the following as part of your application:

• If your state qualifies defense and/or prosecuting attorneys to try death penalty case, include an explanation of your state’s qualification process.

• If your state law requires trial judges to appoint qualified defense attorneys to try death penalty cases pursuant to a statutory procedure enacted prior to October 30, 2002, explain the appointment process and have an appropriated state officer certify that the state is in substantial compliance with the requirements of the applicable state statute.

Applicants will be required in the next section, “Project Design and Implementation” to provide details of how the project design and implementation directly relates to the Statement of the Problem.

2. Project Design and Implementation (40 percent of 100)

Describe your strategy to address the needs you have identified in the Statement of the Problem. Describe how you plan to implement a training program in your state. Provide a brief description of the trainings to be delivered and how the curricula, developed by the CCLI national partners (see page 5), will be used. Explain how you will work with BJA’s TTA providers to design and implement the training. Identify how these trainings address your training needs detailed in the Statement of the Problem, including how the training will improve an “effective system” (see “Eligibility,” page 1). List all the organizations that will support the trainings and their roles, and identify potential training locations and the number of persons to be trained.

3. Capabilities and Competencies (15 percent of 100) Describe the management structure for implementation of the training, including staffing.

Specifically identify who will serve as the training coordinator. Demonstrate the ability and capability to implement the project successfully, including a strategy for working with key partner agencies. Describe how this structure will be tied to the strategy identified in the Project Design and Implementation section. In an attachment, provide position descriptions outlining the roles and responsibilities of key positions and resumes for current staff.

4. Plan for Collecting the Data Required for this Solicitation’s Performance Measures (10 percent of 100) Explain how the use of funds to provide training will improve the quality of representation in capital cases in your state. Identify how this data will be collected and analyzed. Also identify who will be responsible for performance measures and how the information will be used to improve project implementation/performance. Explain how the program’s effectiveness will be demonstrated. Describe how performance measure data referenced in the Performance Measures section will be collected, who will collect and report the data, how the data will be stored, and how it will be assessed to measure the impact of proposed efforts. Describe how you’ll share the results of your program with your customers and stakeholders.

5. Sustainability Plan (5 percent of 100)

Outline a strategy for sustaining the project when the federal grant ends.

6. Budget (10 percent of 100)

Provide a proposed budget for the entire project period that is complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities). Budget narratives should demonstrate how applicants will maximize cost effectiveness of grant expenditures. Budget narratives should demonstrate cost effectiveness in relation to potential alternatives and the goals of the project.1 See the additional budget and budget narrative requirements on pages 10-11.

Review Process

OJP is committed to ensuring a fair and open process for awarding grants. BJA reviews the application to make sure that the information presented is reasonable, understandable, measurable, and achievable, as well as consistent with the solicitation.

Peer reviewers will review the applications submitted under this solicitation that meet basic minimum requirements. BJA may use either internal peer reviewers, external peer reviewers, or a combination to review the applications. An external peer reviewer is an expert in the field of the subject matter of a given solicitation who is NOT a current DOJ employee. An internal reviewer is a current DOJ employee who is well-versed or has expertise in the subject matter of this solicitation. A peer review panel will evaluate, score, and rate applications that meet basic minimum requirements. Peer reviewers’ ratings and any resulting recommendations are advisory only. In addition to peer review ratings, considerations for award recommendations and decisions may include, but are not limited to, underserved populations, geographic diversity, strategic priorities, past performance, and available funding.

The Office of the Chief Financial Officer (OCFO), in consultation with BJA, reviews applications for potential discretionary awards to evaluate the fiscal integrity and financial capability of applicants; examines proposed costs to determine if the Budget Detail Worksheet and Budget Narrative accurately explain project costs; and determines whether costs are reasonable, necessary, and allowable under applicable federal cost principles and agency regulations.

Absent explicit statutory authorization or written delegation of authority to the contrary, all final award decisions will be made by the Assistant Attorney General, who may consider factors including, but not limited to, underserved populations, geographic diversity, strategic priorities, past performance, and available funding when making awards.

1 Generally speaking, a reasonable cost is a cost that if, in its nature or amount, does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the costs.

Additional Requirements

Applicants selected for awards must agree to comply with additional legal requirements upon acceptance of an award. OJP encourages applicants to review the information pertaining to these additional requirements prior to submitting an application. Additional information for each requirement can be found at www.ojp.usdoj.gov/funding/other_requirements.htm.

• Civil Rights Compliance

• Civil Rights Compliance Specific to State Administering Agencies

• Faith-Based and Other Community Organizations

• Confidentiality

• Research and the Protection of Human Subjects

• Anti-Lobbying Act

• Financial and Government Audit Requirements

• National Environmental Policy Act (NEPA)

• DOJ Information Technology Standards (if applicable)

• Single Point of Contact Review

• Non-Supplanting of State or Local Funds

• Criminal Penalty for False Statements

• Compliance with Office of Justice Programs Financial Guide

• Suspension or Termination of Funding

• Non-profit Organizations

• For-profit Organizations

• Government Performance and Results Act (GPRA)

• Rights in Intellectual Property

• Federal Funding Accountability and Transparency Act (FFATA) of 2006

• Awards in Excess of $5,000,000 – Federal Taxes Certification Requirement

• Policy and Guidance for Conference Approval, Planning, and Reporting http://www.ojp.usdoj.gov/funding/other_requirements.htm http://www.ojp.usdoj.gov/about/ocr/statutes.htm http://www.ojp.usdoj.gov/financialguide/index.htm

• OJP Training Guiding Principles for Grantees and Subgrantees

How To Apply

Applicants must submit applications through Grants.gov. Applicants must first register with Grants.gov in order to submit an application through Grants.gov, a “one-stop storefront” to find federal funding opportunities and apply for funding. Find complete instructions on how to register and submit an application at www.Grants.gov. Applicants that experience technical difficulties during this process should call the Grants.gov Customer Support Hotline at 800-518- 4726 or 606–545–5035, 24 hours a day, 7 days a week, except federal holidays. Registering with Grants.gov is a one-time process; however, processing delays may occur, and it can take several weeks for first-time registrants to receive confirmation and a user password. OJP encourages applicants to register several weeks before the application submission deadline.

In addition, OJP urges applicants to submit applications well in advance of the application due date to allow time to receive validation messages or rejection notifications from Grants.gov, and to correct in a timely fashion any problems that may have caused a rejection notification.

Note: BJA encourages all prospective applicants to sign up for Grants.gov email notifications regarding this solicitation. If this solicitation is cancelled or modified, individuals who sign up with Grants.gov for email updates will be notified.

All applicants are required to complete the following steps:

1. Acquire a Data Universal Numbering System (DUNS) number. In general, the Office of

Management and Budget requires that all applicants (other than individuals) for federal funds include a DUNS number in their applications for a new award or a supplement to an existing award. A DUNS number is a unique nine-digit sequence recognized as the universal standard for identifying and differentiating entities receiving federal funds. The identifier is used to for tracking purposes and to validate address and point of contact information for federal assistance applicants, recipients, and subrecipients. The DUNS number will be used throughout the grant life cycle. Obtaining a DUNS number is a free, one-time activity. Call Dun and Bradstreet at 866–705–5711 to obtain a DUNS number or apply online at www.dnb.com. A DUNS number is usually received within 1-2 business days.

2. Acquire registration with the System for Award Management (SAM). SAM replaces the

Central Contractor Registration (CCR) database as the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. OJP requires all applicants (other than individuals) for federal financial assistance to maintain current registrations in the SAM database. Applicants must be registered in SAM to successfully register in Grants.gov. (Previously, organizations that had submitted applications via Grants.gov were registered with CCR, as it was a requirement for Grants.gov registration. SAM registration replaces CCR as a pre-requisite for Grants.gov registration.) Applicants must update or renew their SAM registration annually to maintain an active status.

Applicants that were previously registered in the CCR database must, at a minimum:

• Create a SAM account;

http://www.grants.gov/ http://www.dnb.com/

• Log in to SAM and migrate permissions to the SAM account (all the entity registrations and records have already been migrated).

Applicants that were not previously registered in the CCR database must register in SAM prior to registering in Grants.gov. Information about SAM registration procedures can be accessed at www.sam.gov.

3. Acquire an Authorized Organization Representative (AOR) and a Grants.gov username and password. Complete the AOR profile on Grants.gov and create a username and password. The applicant organization’s DUNS number must be used to complete this step. For more information about the registration process, go to www.grants.gov/applicants/get_registered.jsp.

4. Acquire confirmation for the AOR from the E-Business Point of Contact (E-Biz POC).

The E-Biz POC at the applicant organization must log into Grants.gov to confirm the applicant organization’s AOR. Note that an organization can have more than one AOR.

5. Search for the funding opportunity on Grants.gov. Use the following identifying information when searching for the funding opportunity on Grants.gov. The Catalog of Federal Domestic Assistance (CFDA) number for this solicitation is 16.746, titled “Capital Case Litigation,” and the funding opportunity number is BJA-2013-3443.

6. Complete the Disclosure of Lobbying Activities. All applicants must complete this information. An applicant that expends any funds for lobbying activities must provide the detailed information requested on the form, Disclosure of Lobbying Activities, (SF-LLL).

Applicants that do not expend any funds for lobbying activities should enter “N/A” in the required highlighted fields.

7. Submit an application consistent with this solicitation by following the directions in

Grants.gov. Within 24–48 hours after submitting the electronic application, the applicant should receive an e-mail validation message from Grants.gov. The message will state whether OJP has received and validated the application, or rejected it, with an explanation.

Important: OJP urges applicants to submit applications well in advance of the application due date to allow time to receive the validation messages or rejection notifications from Grants.gov, and to correct in a timely fashion any problems that may have caused a rejection notification.

Note: Grants.gov only permits the use of specific characters in names of attachment files. Valid file names may only include the following characters: A-Z, a-z, 0-9, underscore (_), hyphen (-), space, and period. Grants.gov will forward the application to OJP’s Grants Management System (GMS). GMS does not accept executable file types as application attachments. These disallowed file types include, but are not limited to, the following extensions: “.com,” “.bat,” “.exe,” “.vbs,” “.cfg,” “.dat,” “.db,” “.dbf,” “.dll,” “.ini,” “.log,” “.ora,” “.sys,” and “.zip.”

Note: Duplicate Applications If an applicant submits multiple versions of an application, BJA will review the most recent version submitted.

https://www.sam.gov/portal/public/SAM/?portal:componentId=1f834b82-3fed-4eb3-a1f8-ea1f226a7955&portal:type=action&interactionstate=JBPNS_rO0ABXc0ABBfanNmQnJpZGdlVmlld0lkAAAAAQATL2pzZi9uYXZpZ2F0aW9uLmpzcAAHX19FT0ZfXw** http://www.grants.gov/applicants/get_registered.jsp

Experiencing Unforeseen Grants.gov Technical Issues If an applicant experiences unforeseen Grants.gov technical issues beyond the applicant’s control that prevent submission of its application by the deadline, the applicant must e-mail the…