15preasol.pdf

OMB No. 1121-0329

U.S. Department of Justice Approval Expires 07/31/2016

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 Prison Rape Elimination Act (PREA) Program. This program furthers the Department’s mission by providing resources to state, tribal, and local governments to implement comprehensive approaches to address the detection, prevention, and response to sexual abuse within confinement environments.

PREA Program: Demonstration Projects to Establish “Zero Tolerance” Cultures for Sexual Assault in

Correctional Facilities FY 2015 Competitive Grant Announcement

Eligibility Eligible applicants are limited to states, units of local governments, and federally recognized Indian tribes (as determined by the Secretary of the Interior).

BJA welcomes applications that involve two or more entities; however, one eligible entity must be the applicant and the others must be proposed as subrecipients. The applicant must be the entity with primary responsibility for administering the funding and managing the entire program.

Only one application per lead applicant will be considered; however, subrecipients may be part of multiple proposals.

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.

For additional eligibility information, see Section C. Eligibility Information.

Deadline Applicants must register with Grants.gov prior to submitting an application. All applications are due to be submitted and in receipt of a successful validation message in Grants.gov by 11:59 p.m. eastern time on June 10, 2015.

All applicants are encouraged to read this Important Notice: Applying for Grants in

Grants.gov.

For additional information, see How to Apply in Section D. Application and Submission Information.

Contact Information For technical assistance with submitting an application, contact the Grants.gov Customer Support Hotline at 800-518-4726 or 606-545-5035, or via e-mail to support@grants.gov. The http://www.justice.gov/ http://www.ojp.gov/ https://www.bja.gov/ https://www.bja.gov/ http://www.grants.gov/applicants/apply_for_grants.jsp http://ojp.gov/funding/Apply/Grants-govInfo.htm http://ojp.gov/funding/Apply/Grants-govInfo.htm mailto:support@grants.gov

BJA-2015-4174

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

Applicants that experience unforeseen Grants.gov technical issues beyond their control that prevent them from submitting their application by the deadline must e-mail the BJA contact identified below within 24 hours after the application deadline and request approval to submit their application. Additional information on reporting technical issues is found under “Experiencing Unforeseen Grants.gov Technical Issues” in the How to Apply section.

For assistance with any other requirement of this solicitation, contact the National Criminal Justice Reference Service (NCJRS) Response Center: toll-free at 1-800-851-3420; via TTY at 301-240-6310 (hearing impaired only); email responsecenter@ncjrs.gov; fax to 301-240-5830;

or web chat at https://webcontact.ncjrs.gov/ncjchat/chat.jsp. The NCJRS Response Center hours of operation are 10:00 a.m. to 6:00 p.m. eastern time, Monday through Friday and 10:00 a.m. to 8:00 p.m. eastern time on the solicitation close date.

Grants.gov number assigned to this announcement: BJA-2015-4174

Release date: April 16, 2015 http://www.grants.gov/applicants/apply_for_grants.jsp mailto:responsecenter@ncjrs.gov https://webcontact.ncjrs.gov/ncjchat/chat.jsp

Contents A. Program Description

Overview

Program-Specific Information

Goals, Objectives, and Deliverables

Evidence-Based Programs or Practices

B. Federal Award Information

Type of Award

Financial Management and System of Internal Controls

Budget Information

Cost Sharing or Match Requirement

Pre-Agreement Cost Approvals

Limitation on Use of Award Funds for Employee Compensation; Waiver

Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs

Costs Associated with Language Assistance (if applicable)

C. Eligibility Information

Cost Sharing or Match Requirement

Limit on Number of Application Submissions

D. Application and Submission Information

What an Application Should Include

How to Apply

E. Application Review Information

Selection Criteria

Review Process

F. Federal Award Administration Information

Federal Award Notices

Administrative, National Policy, and other Legal Requirements

General Information about Post-Federal Award Reporting Requirements

G. Federal Awarding Agency Contact(s)

H. Other Information

Provide Feedback to OJP

Application Checklist

PREA Program: Demonstration Projects to Establish “Zero Tolerance” Cultures for Sexual Assault in

Correctional Facilities

CFDA #16.735

A. Program Description

Overview In FY 2013 the Bureau of Justice Statistics (BJS) released the 2011-2012 findings from the most recent surveys of jail and prison inmates about incidences of sexual victimization.1 Based on this information, 4.0 percent of state and federal prison inmates, and 3.2 percent of jail inmates within the United States, reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months or since admission to the facility.2 In juvenile facilities, the numbers were even more troubling. An estimated 9.5 percent of adjudicated youth in state juvenile facilities and state contract facilities (representing 1,720 youth nationwide) reported experiencing one or more incidents of sexual victimization by another youth or staff in the past 12 months or since admission, if less than 12 months.3 On June 20, 2012, DOJ published the Final Rule creating standards as required by the Prison Rape Elimination Act (PREA). The standards apply to adult prisons and jails, juvenile correctional facilities, police lockups, and community residential centers. The standards, which took effect on August 20, 2012, seek to prevent sexual abuse and to reduce the harm that it causes. The standards are grouped into 11 categories: prevention planning, responsive planning, training and education, screening for risk of sexual victimization and abusiveness, reporting, official response following an inmate report, investigations, discipline, medical and mental care, data collection and review, and audits.

Compliance with the overall PREA standards also requires compliance with the audit standards (§ 115.93, §115.193, §115.293, §115.393, §115.401-405). Under the audit standards, one-third of each facility type operated by an agency, or by private organization on behalf of the agency, must be audited within each year of a 3-year audit cycle. The first audit cycle began on August 20, 2013.

This program is authorized under the Prison Rape Elimination Act, 42 USC 15601, et seq., and FY 2015 funding by BJA is authorized under the Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. 113-235. Demonstration projects funded through this solicitation will support comprehensive approaches within state, tribal, and local adult and juvenile correctional facilities to prevent, detect, and respond to incidences of sexual victimization.

1 See BJS, Sexual Victimization in Prisons and Jails Reported by Inmates, 2011–12 (May 2013).

2 See id., page 6.

3 See BJS, Sexual Victimization in Juvenile Facilities Reported by Youth, 2008–09 (January 2010), pages 1, 4. This total includes the cross-sectional number covered in BJS surveys plus the number of estimated victims released in the 12 months prior to the survey. It includes adjudicated/committed youth only. For methodology, see Initial

Regulatory Impact Analysis (IRIA), page 9, available at www.ojp.gov/programs/pdfs/prea_nprm_iria.pdf.

http://www.gpo.gov/fdsys/pkg/FR-2012-06-20/pdf/2012-12427.pdf http://www.bjs.gov/index.cfm?ty=pbdetail&iid=4654 http://www.bjs.gov/index.cfm?ty=pbdetail&iid=2113 http://www.ojp.gov/programs/pdfs/prea_nprm_iria.pdf

Program-Specific Information The PREA Program provides funding to eligible applicants for demonstration projects within confinement settings, including adult prisons and jails, juvenile facilities, community corrections facilities, law enforcement lockups and other temporary holding facilities, and tribal detention facilities. Applicants must successfully communicate a comprehensive approach to the prevention, detection, and response to the incidence of sexual abuse and clearly prioritize gaps which are as of yet unaddressed, either programmatically or through changes in policy and procedures, as they relate to implementation of the PREA standards.

Goals, Objectives, and Deliverables The goal of this program is to assist facilities in implementing prevention, identification, and response mechanisms that will reduce the incidence of sexual abuse in confinement facilities.

This program will provide federal assistance to implement comprehensive demonstration projects in local adult and juvenile correctional facilities to meet the PREA requirements of the standards.

Objectives under this program include the following:

Increase awareness of the problem of sexual harassment, abuse, and assault in adult prisons and jails, juvenile facilities, community corrections facilities, law enforcement lockups and other temporary holding facilities, and tribal detention facilities. Use local data to identify causes and contributing factors leading to sexual victimization.

Track performance indicators to ensure the effective application of policy and implementation of program strategies which achieve compliance with the PREA standards and create a “zero tolerance” culture within confinement environments.

Provide resources to develop comprehensive programs, strategies, and policies that will enhance state, local, or tribal government’s abilities to achieve compliance with the PREA standards and eliminate sexual abuse.

The deliverables under this program should include comprehensive demonstration projects with program design elements to reduce sexual victimization and reach the goal of a “zero tolerance” environment. Comprehensive demonstration projects, when feasible, should focus on systemic changes as opposed to discrete changes in single facilities or operational practices. Design elements of a comprehensive response may include the following:

Policy and practice review and revision

Preventative infrastructure and technology enhancements

Inmate/detainee/resident education

Victim support services

Leadership and assessment of organizational culture

Data collection

Staffing support and training

Evaluation

Allowable Uses of Funds Demonstration projects may include, but are not limited to, the following allowable uses of award funds:

Policy and Practice Review, Revision, and Implementation

Review and revise current policies, procedures, contracts, and written materials that are provided to staff and detainees/inmates to ensure compliance with PREA standards and best practices. Considerations should be made for policies/protocols on cross-gender viewing and searching, hiring, and promotion decisions; accommodations for inmates with special needs; contents of contracts with private entities; evidence and forensic medical examination protocols; investigation policies, protocols and assurances;

employee/volunteer/contractor training; inmate education; reporting protocols; protective custody protocols; staff and inmate disciplinary sanctions; medical and mental health screenings and treatment availability; and data collection and auditing protocols.

Review current staffing levels and patterns with regard to the make-up of the inmate/detainee population and the physical layout of the facility, and revision of staffing plans.

Conduct sexual abuse vulnerability assessments to identify and isolate circumstances and physical plant artifacts that can contribute to increased incidence of sexual assault.

Preventative Infrastructure and Technology Enhancements

Utilize technology resources to improve prevention and security. For example, using incident mapping technologies that may help identify places where inmates and staff are vulnerable with the perspective that physical modifications backed up with electronic monitoring will help mitigate risks.

Develop or modify management systems or other databases that will track abusers and victims.

Integrate different data systems used by internal departments. For example, combining security information around sexual abuse with medical and mental health information.

Purchase “limited” equipment and supplies (rape kits, privacy screens, etc.). “Limited” is defined as less than 40 percent of the total federal award amount. Applications that propose to use federal funds on equipment and/or supplies must thoroughly describe how these expenditures are part of a larger, comprehensive approach to implementing or enhancing a zero tolerance culture in confinement facilities related to sexual abuse and sexual harassment, and to achieving compliance with the PREA standards. Applications that propose to use federal funds on equipment and/or supplies in the absence of a comprehensive approach will not be funded.

Inmate/Detainee/Resident Education

Develop and institute inmate/detainee/resident education programming to promote sexual abuse awareness, sexual abuse reporting mechanisms, information and resources on available victim services, and relevant facility policies and procedures (programming should be responsive to gender/sexual orientation differences).

Victim Support Services

Develop first response strategy protocols that detail how to work with victims to address their needs while at the same time managing the investigation.

Leverage community-based resources and develop relationships with Rape Crisis Centers and the creation of Sexual Assault Response Teams (SART).

Contract with outside community-based organizations or services providers for counseling activities and assistance to facilities with addressing sexual victimization issues.

Provide support services to protect vulnerable populations and victims. Currently, most vulnerable populations, including many victims, are kept in long-term segregation. Some systems may have alternatives that could be replicated, or funding could be used to test policies/programs that aim to protect this population without relying on long-term segregation.

Provide support to victim advocates who are either specially trained staff or are from community-based sexual assault service providers.

Initiate partnerships that can make the work of all involved agencies more effective in bringing cases forward for successful prosecution of abusers.

Provide reimbursement of treatment and medical expenses (to allow for elimination of inmate co-pays/fees).

Establish facility hotline(s) to report sexual victimization incidents.

Integrate victim-centric and trauma-informed strategies to equip staff, investigators, external providers, and medical and mental health practitioners to identify trauma and its symptoms, minimize re-traumatization, and provide services that are sensitive to the individualized needs of victims.

Leadership, Organizational Culture, and Performance

Examine extent that the organizational culture, including leadership and staff/inmate communications are responsible for high incidence of sexual abuse.

Plan and implement strategies to improve leadership, organizational culture, and performance through policy development, accreditation enhancement activities, training, and other strategies (applicants are strongly encouraged to examine the extensive resources of the National Institute of Corrections (NIC) in this area, which can be accessed through the following link: http://nicic.gov/leadership).

Data Collection and Performance Measurement

PREA activities and the standards implementation will require the continued accumulation and reporting of data reflecting levels of sexual assault in various settings. As a result, funds can be used for the following data collection activities:

Develop and utilize more effective and efficient strategies and efforts to improve the capacity to collect, analyze, and report data information.

Build or enhance data systems, data collection, storage, and publication of data results to further promote best practices.

Planning, Analysis, Training, and Staffing Support

Develop sustainability protocols to maintain staff after federal funding may no longer be available. Staffing support examples could include hiring the following types of individuals:

PREA Coordination Officer, additional officers (supervision staff), investigators, medical and mental health practitioners, and other support staff.

http://nicic.gov/leadership

Train investigators conducting administrative or criminal investigations of sexual abuse or sexual harassment in confinement facilities. Staff or hire individuals to conduct statistical analysis of alleged sexual assaults, monitor each reported incident to guarantee staff compliance with policies, facilitate staff training and awareness programs for offenders, and identify issues for further policy development.

Develop a systemwide, trauma-informed approach to responding to and serving victims of sexual abuse in confinement facilities, which may include staff training, training and awareness programs for vicarious trauma experienced by staff, education on the gender differences related to trauma, and policy changes that reflect trauma-informed principles.

Evaluation

Conduct an independent evaluation of the effectiveness of the policies, programs, and strategies proposed within the funded project related to reducing sexual abuse in confinement environments. One source which can be utilized to locate research partners/evaluators is at the American Evaluation Association.

Support PREA Audit Activities

Eligible applicants that propose to use funds to accomplish one or more of the above activities to demonstrate a culture of zero tolerance for prison rape and sexual assault may use a portion of the funding to support PREA audit activities, including: audit preparation, mock audits, selecting and entering into agreements with auditors, and covering the costs associated with audits, including, if necessary, activities associated with a corrective action plan.

Priority Considerations Priority consideration will be given to applications that:

Propose to address facilities that demonstrate high (above the national average) incidence of sexual abuse based on data reported annually to BJS, or other available data that suggest past problems with sexual abuse within the facility. According to 2011-2012 BJS data, an estimated 4.0 percent of the prison population and 3.2 percent of the jail population within the United States suffered sexual abuse during that year.

Target specific standards with complex implementation requirements such as the standard which requires the separation of all youth under the age of 18 from any adults.

Propose to address specific confinement facilities that demonstrate significant progress in PREA-related policy and protocol review and which propose to use project funds to implement clearly prioritized and demonstrated need(s) and agree to provide a report on the improvement efforts so that others may learn from the experience.

Propose to address specific findings of the BJS reports Sexual Victimization in Prisons and Jails Reported by Inmates, 2011–12 and Sexual Victimization in Juvenile Facilities Reported by Youth, 2008–09, including specific variations in victimization rates and the circumstances of victimization, or other available data that suggest past problems with sexual abuse within the facility. For example, BJA will prioritize applications which specifically propose to address the needs of high/risk and vulnerable populations such as inmates who identify as http://www.eval.org/ http://www.bjs.gov/index.cfm?ty=pbdetail&iid=4654 http://www.bjs.gov/index.cfm?ty=pbdetail&iid=4654 http://www.bjs.gov/index.cfm?ty=pbdetail&iid=4654 http://www.bjs.gov/index.cfm?ty=pbdetail&iid=2113 http://www.bjs.gov/index.cfm?ty=pbdetail&iid=2113 http://www.bjs.gov/content/pub/pdf/svjfry09.pdf lesbian, gay, bisexual, or transgender or inmates with serious psychological distress.4

Training and Technical Assistance: The National PREA Resource Center Established through a competitively awarded cooperative agreement from BJA, the National PREA Resource Center (PRC) represents a unique collaborative partnership with a wide array of national stakeholder organizations representing the federal, state, local, and tribal corrections field; adult prisons and jails; juvenile detention; community corrections; tribal facilities; lockups;

and victim advocacy groups. The PRC will provide training and technical assistance to applicants funded through this solicitation and serve as the national online source for direct support, training, technical assistance, and research to assist adult and juvenile corrections, detention, and law enforcement professionals, as well as victim advocates and other professionals such as community service providers in their ongoing work to eliminate sexual assault in confinement.

Focusing on areas such as prevention strategies, improved reporting and detection, investigation, prosecution, and victim-centered responses, the PRC will identify promising programs and practices that have been implemented around the country and demonstrate models for keeping inmates, detainees, and residents safe from sexual assault. The center also maintains a full resource library including webinars, studies, and articles, and will include a wide range of subject matter experts to respond to the technical assistance and training needs of jurisdictions in complying with the PREA standards. For more information, visit the prearesourcecenter.org/.

Agencies and jurisdictions pursuing funding under this program are strongly encouraged to include in the Program Narrative section of their application a summary of their priority training and technical assistance needs related to their efforts to fulfill their obligations under PREA, and to discuss any current or anticipated administrative or operational barriers related to the implementation of the PREA standards. These needs and barriers will be very helpful to the PRC in developing a proactive, responsive training and technical assistance strategy for the agencies and jurisdictions selected for funding. In addition, applicants are encouraged to identify the individual who will interact with the PRC technical assistance coach on meeting the goals and objectives of the funded project. Applicants should include a subsection in the Program Narrative that specifically addresses these issues.

Collaboration with Other Federal Agencies BJA, BJS, the Office of Juvenile Justice and Delinquency Prevention (OJJDP), the Office for Victims of Crime (OVC), the Office on Violence Against Women (OVW), and NIC collaborate to ensure that adult and juvenile PREA efforts are supported and that victim services are incorporated into comprehensive responses.

Evidence-Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making and program development in criminal justice, juvenile justice, and crime victim services. OJP is committed to:

4 BJS data from 2011-2012 indicate that inmates who identify as lesbian, gay, bisexual, or transgender (LGBT) experience some of the highest rates of sexual abuse. Among LGBT inmates in state and federal prisons, 12.2 percent reported sexual abuse by another inmate and 5.4 percent reported sexual abuse by staff, compared to 1.2 percent and 2.1 percent among heterosexual inmates, respectively. The prevalence of sexual abuse among jail inmates identifying as LGBT mirrored these trends, with 8.5 percent reporting being sexually abused by another inmate and 4.3 percent reporting sexual abuse by staff. The percentage of heterosexual jail inmates reporting sexual abuse was 1.2 percent and 1.7 percent, respectively.

http://prearesourcecenter.org/

Improving the quantity and quality of evidence OJP generates

Integrating evidence into program, practice, and policy decisions within OJP and the field

Improving the translation of evidence into practice

OJP considers programs and practices to be evidence-based when their effectiveness has been demonstrated by causal evidence, generally obtained through one or more outcome evaluations. Causal evidence documents a relationship between an activity or intervention (including technology) and its intended outcome, including measuring the direction and size of a change, and the extent to which a change may be attributed to the activity or intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent possible, alternative explanations for the documented change. The strength of causal evidence, based on the factors described above, will influence the degree to which OJP considers a program or practice to be evidence-based. The OJP CrimeSolutions.gov web site is one resource that applicants may use to find information about evidence-based programs in criminal justice, juvenile justice, and crime victim services.

B. Federal Award Information

Amount and Length of Awards BJA estimates that it will make up to 5 awards of up to $250,000 each for projects at individual facilities and up to 8 awards of up to $500,000 each for projects at, or to benefit, multiple facilities for up to a 24-month period project period starting October 1, 2015.

Applicants must apply in one of three categories, depending upon their jurisdictional status:

Category 1, Competition ID BJA-2015-4175: Units of state government agencies.

Category 2, Competition ID BJA-2015-4176: Units of county or city local government agencies.

Category 3, Competition ID BJA-2015-4177: Federally recognized Indian tribes and Alaska Native tribes and/or tribal organizations.

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

BJA may, in certain cases, provide supplemental funding in future years to awards under this solicitation. Important considerations in decisions regarding supplemental funding include, among other factors, the availability of funding, strategic priorities, assessment of the quality of the management of the award (for example, timeliness and quality of progress reports), and assessment of the progress of the work funded under the award.

Type of Award5 BJA expects that it will make any award from this solicitation in the form of a grant.

Financial Management and System of Internal Controls If selected for funding, the award recipient must:

5 See generally 31 U.S.C. §§ 6301-6305 (defines and describes various forms of federal assistance relationships, including grants and cooperative agreements (a type of grant)).

http://www.crimesolutions.gov/

(a) Establish and maintain effective internal control over the federal award that provides reasonable assurance that the non-federal entity is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. These internal controls should be in compliance with guidance in “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States and the “Internal Control Integrated Framework”, issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO).

(b) Comply with federal statutes, regulations, and the terms and conditions of the federal awards.

(c) Evaluate and monitor the non-federal entity's compliance with statute, regulations and the terms and conditions of federal awards.

(d) Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings.

(e) Take reasonable measures to safeguard protected personally identifiable information and other information the federal awarding agency or pass-through entity designates as sensitive or the non-federal entity considers sensitive consistent with applicable federal, state, and local laws regarding privacy and obligations of confidentiality.

In order to better understand administrative requirements and cost principles, award applicants are encouraged to enroll, at no charge, in the Department of Justice Grants Financial Management Online Training available here.

Budget Information

Cost Sharing or Match Requirement (cash, in-kind, or a combination of both) Federal funds awarded under this program may not cover more than 50 percent of the total costs of the project. Applicants must identify the source of the 50 percent non-federal portion of the total project costs and how they will use match funds. If a successful applicant’s proposed match exceeds the required match amount, and OJP approves the budget, the total match amount incorporated into the approved budget becomes mandatory and subject to audit. (Match is restricted to the same uses of funds as allowed for the federal funds.) Applicants may satisfy this match requirement with cash, in-kind, or a combination of both.

Match Waiver: The Attorney General may waive the match requirement upon a determination of fiscal hardship. To be considered for a waiver of match, a letter of request signed by the Authorized Representative must be submitted with the application defining the fiscal hardship.

Fiscal hardship may be defined in terms related to reductions in overall correctional budgets, furloughing or reductions in force of correctional staff or other similar documented actions which have resulted in severe budget reductions. A match waiver request must be submitted as a separate attachment to the application and titled as the “Match Waiver.”

Note: Applicants wishing to exceed the 50 percent match amount should reflect the amount above 50 percent in the program narrative section only. If a successful applicant’s proposed match exceeds the required match amount, and OJP approves the budget, the total match amount incorporated into the approved budget becomes mandatory and subject to audit.

http://gfm.webfirst.com/

The budget detail should distinguish cash from in-kind matched funds, using an asterisk to show what percentage of the budget is cash.

The formula for calculating the match is:

Federal Award Amount = Adjusted (Total) Project Costs Federal Share Percentage

Required Recipient’s Share Percentage x Adjusted Project Cost = Required Match

Example: 50% match requirement: for a federal award amount of $500,000, calculate match as follows:

$500,000 = $1,000,000 50% x $1,000,000 = $500,000 match 50%

Pre-Agreement Cost Approvals OJP does not typically approve pre-agreement costs; an applicant must request and obtain the prior written approval of OJP for all such costs. If approved, pre-agreement costs could be paid from grant funds consistent with a grantee’s approved budget, and under applicable cost standards. However, all such costs prior to award and prior to approval of the costs are incurred at the sole risk of an applicant. Generally, no applicant should incur project costs before submitting an application requesting federal funding for those costs. Should there be extenuating circumstances that appear to be appropriate for OJP’s consideration as pre-agreement costs, the applicant should contact the point of contact listed on the title page of this announcement for details on the requirements for submitting a written request for approval. See the section on Costs Requiring Prior Approval in the Financial Guide, for more 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 cash 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.6 The 2015 salary table for SES employees is available on the Office of Personnel Management web site. 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 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

6 This limitation on use of award funds does not apply to the non-profit organizations specifically named at Appendix VIII to 2 C.F.R. part 200.

http://ojp.gov/financialguide/index.htm http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/15Tables/exec/html/ES.aspx 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.

The waiver request must be submitted as a separate attachment and titled as the “Waiver:

Employee Compensation.”

Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs OJP strongly encourages applicants that propose to use award funds for any conference-, meeting-, or training-related activity to review carefully – before submitting an application – the OJP policy and guidance on conference approval, planning, and reporting available at www.ojp.gov/financialguide/PostawardRequirements/chapter15page1.htm. OJP policy and guidance (1) encourage minimization of conference, meeting, and training costs; (2) require prior written approval (which may affect project timelines) of most such costs for cooperative agreement recipients and of some such costs for grant recipients; and (3) set cost limits, including a general prohibition of all food and beverage costs.

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 or benefits for 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 under “Solicitation Requirements” in the OJP Funding Resource Center.

C. Eligibility Information

For additional eligibility information, see Title page.

Cost Sharing or Match Requirement For additional information on cost sharing and match requirement, see Section B. Federal Award Information.

Limit on Number of Application Submissions If an applicant submits multiple versions of the same application, BJA will review only the most recent system-validated version submitted. For more information on system-validated versions, see How to Apply.

D. Application and Submission Information

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.

http://www.ojp.gov/financialguide/PostawardRequirements/chapter15page1.htm http://ojp.gov/funding/index.htm

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 application elements as critical: Program Narrative, Budget Detail Worksheet, and Budget Narrative. Applicants may combine the Budget Narrative and the Budget Detail Worksheet in one document. However, if an applicant submits only one budget document, it must contain both narrative and detail information. Please review the “Note on File Names and File Types” under How to Apply to be sure applications are submitted in permitted formats.

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. Also, OJP recommends that applicants include resumes 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 OJP’s Grants Management System (GMS) take information from the applicant’s profile to populate the fields on this form. The SF-424 should include the requested funding for the entire project period. When selecting "type of applicant," if the applicant is a for-profit entity, select "For- Profit Organization" or "Small Business" (as applicable).

Applicants should ensure that all information is correct, check spelling, and pay careful attention to the legal name, award amount, address, and the points of contact.

Applicants should select the appropriate Point of Contact (POC) and the Authorized Representative (Note: These two contacts should not be the same individual).

o The Authorized Representative must have the authority to enter the state, county, municipality, or other eligible unit of local government into a legal contract with the federal government. This person is typically a county commissioner, mayor, city manager, or other similarly designated official

The POC will serve as the primary point of contact and will be responsible for grant management duties such as a submission of reports. Please make sure that the name, contact information, title, and solicitation is correct.

Intergovernmental Review: This funding opportunity (program) is not subject to Executive Order 12372. (In completing the SF-424, applicants are to make the appropriate selection in response to question 19 to indicate that the “Program is not covered by E.O. 12372.”)

2. Project Abstract The abstract should provide an overall summary of the project and include the project’s purpose, goals, and deliverables. The abstract may be single- or double-spaced, but must use a standard 12-point font (Times New Roman is preferred) with no less than 1-inch margins and must not exceed 2 pages. OJP strongly recommends that the abstract be in a Word document format and that “Project Abstract” be part of its file name. The program abstract should:

Identify the facility(ies) in which the demonstration project would be targeted that http://www.archives.gov/federal-register/codification/executive-order/12372.html http://www.archives.gov/federal-register/codification/executive-order/12372.html includes the specific name of the facility, as well as whether the facility is for adults or juveniles.

Specifically, provide information on the facility’s(ies’) rate of sexual abuse and compare this rate to the national average.

Describe clearly how the applicant addresses any Priority Considerations (see page 8).

Describe clearly the data available on the incidence and nature of sexual abuse within the facility(ies) for which funding is being requested.

Describe clearly the extent that the applicant has already completed a comprehensive review of the facility’s(ies’) policies and protocols as they relate to PREA.

Provide a brief description of the proposed activities to be conducted with grant funds.

As a separate attachment, the project abstract will not count against the page limit for the program narrative. All project abstracts should follow the detailed template available at ojp.gov/funding/Apply/Resources/ProjectAbstractTemplate.pdf. BJA requests that the abstract be submitted as a text file, such as Word .doc format.

3. Program Narrative

The program narrative must respond to the solicitation and the Selection Criteria (1-4) in the order given. The program narrative must be double-spaced, using a standard 12-point font (Times New Roman is preferred) with no less than 1-inch margins, and must not exceed 15 pages. Number pages “1 of 15,” “2 of 15,” 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

To assist the Department with fulfilling its responsibilities under the Government Performance and Results Act of 1993 (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. Post award, recipients will be required to submit quarterly performance metrics through BJA’s online Performance Measurement Tool (PMT), located at www.bjaperformancetools.org. Applicants should review the complete list of PREA performance measures at:

www.bjaperformancetools.org/help/PREAMeasuresFINAL.pdf.

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 as part of their reporting requirements. For http://ojp.gov/funding/Apply/Resources/ProjectAbstractTemplate.pdf http://www.bjaperformancetools.org/ http://www.bjaperformancetools.org/help/PREAMeasuresFINAL.pdf the application, applicants should indicate an understanding of these requirements and discuss how they will gather the required data, should they receive funding.

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 Funding Resource Center web page (ojp.gov/funding/Explore/SolicitationRequirements/EvidenceResearchEvaluationRequire ments.htm). Applicants whose proposals may involve a research or statistical component also should review the “Data Privacy and Confidentiality Requirements” section on that web page.

In addition and as described above, applicants are strongly encouraged to include a subsection in the Program Narrative that summarizes their priority training and technical assistance needs related to their efforts to fulfill their obligations under PREA, and outlines any current or anticipated administrative or operational barriers related to the implementation of the PREA standards. In this sub-section, applicants should also identify an individual who will serve as the primary liaison with the National PREA Resource Center, should their proposed program be selected for funding. This person is expected to possess knowledge of PREA and the jurisdiction’s/agency’s efforts to fulfill their PREA obligations.

4. Budget Detail Worksheet and Budget Narrative

a. Budget Detail Worksheet A sample Budget Detail Worksheet can be found at www.ojp.gov/funding/Apply/Resources/BudgetDetailWorksheet.pdf. Applicants that submit their budget in a different format should include the budget categories listed in the sample budget worksheet. Applicants should utilize the following approved budget categories to label the requested expenditures:

Personnel

Fringe Benefits

Travel

Equipment

Supplies

Consultants/Contracts http://ojp.gov/funding/index.htm http://ojp.gov/funding/Explore/SolicitationRequirements/EvidenceResearchEvaluationRequirements.htm http://ojp.gov/funding/Explore/SolicitationRequirements/EvidenceResearchEvaluationRequirements.htm http://ojp.gov/funding/Apply/Resources/BudgetDetailWorksheet.pdf

Other Costs

Indirect Costs

Applicants must show all computations. The budget summary page must reflect the amounts in the budget categories as included in the budget detail worksheet. These amounts should mirror the amounts in the budget narrative.

Applicants must budget funding to travel to DOJ-sponsored grant meetings. Applicants should estimate the costs of travel and accommodations for three staff to attend two meetings in Washington, DC.

NOTE: Equipment and supplies (rape kits, privacy screens, etc.) are limited to less than 40 percent of the total federal award amount. If applicants propose to use federal funds on equipment and/or supplies, these expenditures must support a comprehensive effort to implement or enhance a zero tolerance culture related to sexual abuse and sexual harassment in confinement facilities, and to achieve compliance with the PREA standards.

For questions pertaining to budget and examples of allowable and unallowable costs, see the Financial Guide at www.ojp.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), and broken down by year, with a clear accounting of matching (cash and in-kind) materials.

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. In other words, applicants should provide justification in their budget narratives for the proposed expenditures, and explain how and why these expenditures reflect the most cost effective methods available to achieve the goals of the program.

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.

In addition, the budget materials must include information on the 50 percent in-kind match requirement.

http://www.ojp.gov/financialguide/index.htm

c. Non-Competitive Procurement Contracts In Excess of Simplified Acquisition Threshold If an applicant proposes to make one or more non-competitive procurements of products or services, where the non-competitive procurement will exceed the simplified acquisition threshold (also known as the small purchase threshold), which is currently set at $150,000, the application should address the considerations outlined in the Financial Guide.

5. Indirect Cost Rate Agreement (if applicable) Indirect costs are allowed only if the applicant has a current 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.

For the definition of Cognizant Federal Agency, see the “Glossary of Terms” in the Financial Guide. For assistance with identifying your cognizant agency, please contact the Customer Service Center at 1-800-458-0786 or at ask.ocfo@usdoj.gov.