23CS22 - ADA FINAL.pdf

23CS22

The National Institute of Corrections (NIC) is seeking applications for funding under the Fiscal Year (FY) 2023 focusing on bringing awareness to the Americans with Disabilities Act and related federal laws, the use of risk assessment tools in the course of justice involvement – pretrial, probation, incarceration, and parole phases – and the criminalization of mental health disabilities. The awardee will be expected to identify the barriers affecting people with mental health disabilities in the criminal justice system and to develop a plan for disseminating this information among specific stakeholder groups.

NIC FY 2023 Americans with Disabilities in the Criminal Justice System

Eligibility

NIC invites applications from nonprofit organizations (including faith-based, community, and tribal organizations), for-profit organizations (including tribal for-profit organizations), and institutions of higher education (including tribal institutions of higher education). Recipients, including for-profit organizations, must agree to waive any profit or fee for services. Foreign governments, international organizations, and non-governmental international organizations/institutions are not eligible to apply.

Proof of 501(c) (3) status as determined by the Internal Revenue Service or an authorizing tribal resolution is required.

NIC 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 (1) application will be accepted from a submitting organization.

NIC 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. NIC encourages applicants to register several weeks before the application submission deadline. In addition, NIC urges applicants to submit applications 72 hours prior to the application due date. 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 May 22, 2023

Late applications are neither reviewed nor considered.

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

http://www.nicic.gov/ https://www.grants.gov/web/grants/register.html

Contact Information

For programmatic questions concerning this solicitation contact Greg Crawford, Correctional Program Specialist, National Institute of Corrections, at gcrawford@bop.gov. Responses to programmatic questions will be posted on NIC’s website for public review. The website will be updated regularly and postings will remain on the website until the closing date of this solicitation.

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

Applicants who experience unforeseen Grants.gov technical issues beyond their control that prevent them from submitting their application by the deadline must e-mail the NIC at BOP-NIC/General@bop.gov 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.

Grants.gov number assigned to this announcement: 23CS22

Release date: March 23, 2023 mailto:gcrawford@bop.gov mailto:support@grants.gov mailto:BOP-NIC/General@bop.gov

Contents NIC FY 2023 Americans with Disabilities in the Criminal Justice System

Eligibility

Deadline

Contact Information

NIC FY 2023 Americans with Disabilities on Community Supervision(CFDA # 16.602)

A. Program Description

Overview

Program-Specific Information

Goals

Objectives

B. Federal Award Information

Financial Management and System of Internal Controls

Budget Information

C. Eligibility Information

D. Application and Submission Information

What an Application Should Include Statement of the problem

Project Design and Implementation

Logic Model

Timeline or Milestone Chart

Capabilities and Competencies, Résumés of All Key Personnel

Letters of Support/Memoranda of Understanding

Budget Detail Worksheet and Budget Narrative

Budget and Budget Justification

How to Apply

All applicants are required to complete the following steps:

Acquire and maintain registration with the System for Award Management (SAM)

Acquire an Authorized Organization Representative (AOR) and a Grants.gov username and password

How to Submit an Application to the National Institute of Corrections via Grants.gov Grants.gov applicants can apply online using Workspace

Applicant Support

Timely Receipt Requirements and Proof of Timely Submission

Duplicate applications

Experiencing Unforeseen Grants.gov Technical Issues

E. Application Review Information Selection Criteria

Programmatic Review (40)

Organizational Review (35)

Management/Administrative Review (25)

Review Process

F. Federal Award Administration Information Federal Award Notices

Administrative, National Policy, and Other Legal Requirements

Plain Language

Section 508 Accessibility

Paperwork Reduction Act

G. Federal Awarding Agency Contact(s)

H. Other Information Provide Feedback to NIC

NIC FY 2023 Americans with Disabilities on Community Supervision

(CFDA # 16.602)

A. Program Description

Overview The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a federal law that gives civil rights protections to individuals with disabilities in many areas of life. The ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, participate in state and local government programs, and purchase goods and services. For example, the ADA protects people with disabilities from discrimination by social services agencies; child welfare agencies; courts; prisons and jails; medical facilities, including hospitals, doctors’ offices, and skilled nursing facilities; homeless shelters; and schools, colleges, and universities. (U.S. Department of Justice, Civil Rights Division, April 2022).

The ADA protects people with disabilities from discrimination. Disability rights are civil rights. From voting to parking, the ADA is a law that protects people with disabilities in many areas of public life. This includes the criminal justice system—from encounters with law enforcement to pretrial status, local jail, community supervision, and finally to prison and reentry. Entities in each of these areas are required to adhere to the ADA. How a correctional setting applies the ADA law and accommodates those with mental and/or physical disabilities could significantly affect the outcome for people with disabilities in the justice system.

“Mental illness is pervasive in American prisons and jails. Individuals who, prior to deinstitutionalization efforts in the 1960s, would have been committed to state hospitals are now unable to access the appropriate services in the community. Consequently, individuals with mental illness are excessively entangled in the criminal justice system and frequently incarcerated. Conversely, many individuals without a recorded history of mental illness develop such conditions while in correctional facilities (Takshi, Sahar 2020).” Essentially, our nation’s jails and prisons have become our de facto mental health institutions because of shrinking mental health resources in our communities.

For those with mental and/or physical disabilities, the ability to succeed at any point of the justice system may rely on tools that determine release eligibility; supervision in the community, jail, or prison; parole;

or even how intense a course of supervision a person may have to comply with while under correctional control. All of these issues could potentially make it more challenging for someone with a disability to succeed at any point of the justice system.

Criminalization of Mental Health Disabilities Individuals with mental health disabilities are overrepresented in the offender population of the criminal justice system. Throughout the various stages of the criminal justice process from police response and arrest to pretrial and adjudication to incarceration and post-incarceration, the criminal justice system frequently treats people with mental health disabilities more severely because of their disabilities. This can manifest in various ways. For example, disparities exist in how emergency response systems typically respond to physical health emergencies, which usually get a medical response, and mental or behavioral health emergencies, which often get a police response. This issue often leads to disparate outcomes and discrimination against people seeking help for mental or behavioral health emergencies.

Another example is the blanket exclusion of people using medications for opioid use disorder (MOUD) from diversion programs and parole opportunities.

Statutory Authority: Public Law 93-415

Program-Specific Information State and local governments around the country have adopted algorithmic tools (often called pretrial risk assessment tools) to determine whether criminal defendants may be released while awaiting trial or must remain incarcerated. While these tools are intended to prevent arbitrary or biased decisions in pretrial release decisions, certain algorithms may be discriminatory, including against individuals with disabilities.

Various risk assessment tools are used in almost every state in the United States – many use them pretrial, although they exist at sentencing, in prison management, and for parole determinations. There are also specific risk assessment tools for different functions in the criminal justice system, such as domestic violence risk or juvenile justice risks, with the understanding that different factors are used in those contexts than in a general criminal risk or violent criminal risk of rearrest or re-offense.

The National Institute of Corrections seeks to answer questions through this cooperative agreement around risk and needs assessment tools at the pretrial, probation, incarceration, and parole phases of the justice system and to inquire about how mental health disabilities may be criminalized for people involved in the justice system.

HOW WILL THE WORK BE COMPLETED?

This research project is a multi-year project conducted over two years. The first year will focus on gathering information about the American with Disabilities Act, related federal laws, such as the Rehabilitation Act, the Civil Rights of Institutionalized Persons Act, and the Fair Housing Act, and their application at the pretrial, probation, incarceration, and parole phases of the criminal justice system. The project will also look at how these tools affect people with various disabilities. We will also gather information about how mental health disabilities may be criminalized for people involved in the justice system and the barriers to pretrial/probation/incarceration/parole or alternative sentencing for people with mental health disabilities. Year one results will help drive the deliverables for year two. Year one will involve the collection and interpretation of all data and, based on the findings, selecting 6-8 sites to visit (virtually or in-person) and seek to highlight possible examples of success with policies and practice for people with various disabilities that promote better outcomes. These findings will be shared in a final report and, with approval and input of the NIC Project Manager, used in the development of a plan for sharing this information with specified stakeholders. These plan may include multimedia, webinars, and/or conference workshops based on report finding. The second year will be awarded separately based on completion of year one deliverables.

To begin, this project will aim to answer questions such as the following around risk and need assessment tools at the pretrial, probation, incarceration, and parole phases of the criminal justice system:

• How do risk and need assessment tools affect people with various disabilities?

• Is there evidence that these tools accurately predict risk for people with disabilities (including both mental and physical disabilities)?

• Have systems tested whether these tools negatively affect people with different types of disabilities (such as people with mental health conditions, substance use disorders, and intellectual disabilities)?

• Are there other ways to predict risk that do not negatively affect people with disabilities?

Next, the project will answer questions such as the following around the criminalization of mental health disabilities (barriers to pretrial, probation, incarceration, parole or alternative sentencing for people with mental health disabilities):

• What barriers exist to pretrial, probation, incarceration, parole, or alternative sentencing (including diversion programs) for people with mental health disabilities (including intellectual and developmental disabilities [IDD]) and how do they affect such people?

• What criteria are used to limit or disqualify people with mental health disabilities from participating in pretrial/probation/incarceration/parole, or alternative sentencing programs?

The project will also quantify the disparity between the number of people with mental health disabilities versus people without mental health disabilities that (1) are incarcerated (and the disparity in time served for similar sentences), (2) participate in pretrial/probation/incarceration/parole, and (3) participate in alternative sentencing/diversion programs.

Goals Through the activities of this solicitation, the awardee will develop resources based on year one deliverables from the program specific description overview in the body of this solicitation.

Objectives The awardee will:

1. Conduct an initial virtual meeting with the NIC Project Manager and the project team within 30 days of award to clarify goals and objectives, discuss and develop a timeline of activities, clarify roles, discuss the overview of the project, and develop the project concept plan that will be used to guide the project.

2. Work with the NIC Project Manager to establish a multidisciplinary working group composed of the NIC Project Manager and awardee staff.

3. Perform multiple site visits [at 6-8 locations to be determined] to interview and record [audio/video] selected stakeholders at the pretrial, probation, incarceration, and parole phases of the criminal justice system. The awardee will be responsible for all travel costs to the sites, including roundtrip transportation costs to requesting agency sites, ground transportation (including rental car and fuel), parking, lodging, and per diem.

4. Use the program description overview in the body of this solicitation to identify the barriers around ADA issues and related federal laws, as noted earlier in the program specific information, that complicate the supervision process at the pretrial, probation, incarceration, and parole phases of the justice system and develop a final report and a plan for developing materials to share the findings with select stakeholders.

5. Partner with experts to develop a plan for the development of materials to disseminate the final report and its findings using a variety of content appropriate for each specified stakeholder group.

Such materials may include but are not limited to multimedia, webinars, podcasts, and a workshop presentation. The media virtual platform, if appropriate, shall be Web-Ex or other NIC-approved platform.

6. Ensure that all deliverables conform to requirements for Section 508 and the Plain Writing Act.

Prior to acceptance, NIC reserves the right to perform testing on all applicable items (publications and multimedia) to validate the awardee’s Section 508 conformance claims. If NIC determines that Section 508 conformance claims provided by the awardee represent a higher level of conformance than what is actually provided to the agency, NIC shall, at its option, require the awardee to remediate the item to align with the awardee’s original Section 508 conformance claims prior to acceptance.

Deliverables

In addition to being involved in the strategic development of the project, the successful applicant must complete the following deliverables during the project period. The program narrative should reflect how the applicant will accomplish these activities.

The tasks and deliverables to be completed each year by the awardee, under this cooperative agreement include the following:

Ongoing Deliverables:

1. Participate in a scheduled virtual planning meeting with the NIC Project Manager and other designated staff to clarify project goals, objectives, and deliverables, including discussion of a timeline of activities and role clarification within 30 days of the award.

2. Participate in virtual meetings monthly or more frequently as needed with the NIC project manager over the course of the project.

Year I: Identify and summarize barriers affecting people with mental health disabilities in the criminal justice system.

Objectives

1. Convene a multidisciplinary work group team, in consultation with NIC, and conduct virtual planning meetings to clarify project goals, objectives, and deliverables, including discussing a timeline of activities and role clarification within 60 days of the award.

3 Design the research methodology and related instruments.

4 Identify and educate sites on the methodology and their role in the project.

Deliverables

(a) Written research project plan, including tasks, timelines, and roles.

(b) Develop a site selection protocol. Select up to 6-8 sites to visit (virtually or in-person) and interview stakeholders, including people on supervision with various disabilities, that can highlight possible examples of success with policies and practices that promote better outcomes during the community supervision process/incarceration period for people with various disabilities.

(c) Collect data from sites and organize findings.

(d) In collaboration with subject matter experts, review the findings from site visits and determine what type of materials are to be developed (i.e., reports, publications, educational materials, and other resources) to share information about year one finding with specified stakeholder groups (e.g., pretrial, probation, incarceration, parole).

Year II: Develop strategies to address barriers and planning next steps.

Objectives Implement the plan for the development of materials based on year one findings in consultation with the NIC Project Manager.

Deliverables Determined by the year one findings. Implement a plan for the dissemination of finding from year one that includes but is not limited to multimedia such as webinars, podcasts, and/or workshop presentations.

(a) All resources developed under this solicitation will be professional in appearance, contain high resolution images (minimum of 300 dpi), meet current federal Section 508 compliance guidelines, adhere to Plain Writing Act requirements, and comply with the NIC Style Guide. Final drafts must meet the formal approval of NIC Project Manager.

(b) Provide appropriate documentation and reports of meeting outcomes (e.g., planning sessions) to the NIC Project Manager.

(c) A final closeout report for the cooperative agreement is also required.

Applications must include in Program Narrative and Budget Narrative the incorporation of products delivered meet Plain Language and 508 standards.

NIC Staff Responsibilities Cooperative agreements require significant staff involvement excluding the basic monitoring of the project, progress, deliverables and reports. NIC Program Managers will be involved in the following aspects of the cooperative agreement:

• Initiating contact with each host site in advance of the awardee and facilitating introductions and role clarification

• Approving all work plans, meeting dates, training sessions, and site visits

• Coordinating collaboration with the NIC Information Center regarding access to available documents and other materials relevant to the awardee’s research

• Approving research team members, related staff, and partners

In addition to the strategy and content of the program design, the successful applicant must complete the deliverables specified in the statement of work and program description during the project period. The program narrative should reflect how the applicant will accomplish these activities.

Before approving a deliverable, NIC reserves the right to test the deliverable against the applicant’s Section 508 claims. If NIC determines that the applicant’s claims were false and at higher level of conformance than what was actually received, NIC may, at its option, reject the deliverable and require the applicant to remediate the deliverable to align with the applicant’s stated Section 508 conformance claims before its approval.

Additionally before approving a deliverable, NIC reserves the right to review the applicant’s deliverables for conformance to federal plain writing guidelines and NIC Guidelines for Preparing and Submitting Manuscripts for Publication. If NIC determines that the applicant’s deliverables do not meet all applicable guidelines, NIC may, at its option, reject the deliverable and require the applicant to remediate the deliverable align with those guidelines.

Evidence-Based Programs or Practices.

NIC strongly emphasizes the use of data and evidence in policy making and program development.

• improving the quantity and quality of evidence NIC generates;

• integrating evidence into program, practice, and policy decisions within NIC and the field; and

• improving the translation of evidence into practice.

NIC 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 NIC considers a program or practice to be evidence-based.

Accessibility Requirements Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-

220) requires that when federal agencies develop, buy, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to and use of information and data comparable to employees and members of the public without disabilities.

Deliverables submitted as part of this project must conform to the Revised Section 508 Standards (see 36 C.F.R. § 1194.1 & Apps. A, C & D), which are available online at https://www.govinfo.gov/content/pkg/CFR-2017-title36-vol3/xml/CFR-2017-title36-vol3-part1194.xml.

All functional performance criteria apply when the requirements outlined Chapters 4–6 of the Revised 508 Standards either (1) do not address one or more functions of ICT or (2) provide lower accessibility and usability for people with disabilities than would be provided by using alternative design or technology. All Web Content Accessibility Guidelines (WCAG) Level A and AA success criteria and 502 Interoperability with Assistive Technology and 503 Application of the Revised 508 Standards apply. All requirements for hardware features, components, and support services and documentation also apply. See https://www.section508.gov/

Plain Language Requirements The Plain Writing Act of 2010 requires federal agencies to use plain writing in documents that are necessary for obtaining government funding, providing information about federal government benefits or services, or explaining to the public how to comply with a requirement that the federal government administers or enforces. The Act also requires agencies to use plain writing in every paper or electronic letter, publication, form, notice, or instruction. Its purpose is to improve the effectiveness and accountability of federal agencies. See http://www.nicic.gov/plainlanguage and https://plainlanguage.gov/law/

Deliverables submitted as part of this project must adhere to the federal plain writing guidelines, which are available at https://www.plainlanguage.gov/guidelines/, and the NIC Guidelines for Preparing and Submitting Manuscripts for Publication, which is available at https://www.nicic.gov/plainlanguage.

Additional resources NIC training and technical assistance awardee standards. NIC has developed the TA Handbook] to promote among providers the consistency and quality of NIC-sponsored training and technical assistance and to advance common expectations of performance excellence. The standards present minimum expectations that providers must meet for effective practice in the planning, coordination, delivery, and evaluation of training.

https://www.govinfo.gov/content/pkg/CFR-2017-title36-vol3/xml/CFR-2017-title36-vol3-part1194.xml https://www.section508.gov/ http://www.nicic.gov/plainlanguage https://plainlanguage.gov/law/ https://www.plainlanguage.gov/guidelines/ https://www.nicic.gov/plainlanguage

B. Federal Award Information

NIC expects to make one award for as much as $150,000.00 for a 12-month project period, beginning on June 30, 2023. Requests for amounts more than a total of $150,000, including direct and indirect costs will not be considered.

Type of award. NIC expects to make an award from this solicitation in the form of a cooperative agreement which is a particular type of grant used when NIC expects to have ongoing substantial involvement in award activities. Substantial involvement includes direct oversight and involvement with the grantee organization in implementation of the grant but does not involve day-to-day project management, additional information on the substantial involvement can be found in Section A. See Administrative, National Policy, and Other Legal Requirements, under Section F. Federal Award Administration, for details regarding the federal involvement anticipated under an award from this solicitation.

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

If the awardee demonstrates significant progress toward implementing project activities and achieving project goals, NIC may, in certain cases, provide supplemental non-competitive funding for FY 2024 to the awardee. With the supplemental funding, the project period can be extended up to one additional 12-month increments for an overall project period of 24 months. 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.

Performance measures capture outcomes of cooperative agreement activities, demonstrating if programs accomplish goals and objectives. Performance measures. NIC requires all applicants to submit quarterly progress reports demonstrating progress towards completion of the work proposed under this solicitation. The performance measures for this solicitation outlined on the following page:

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-A/subject-group-ECFR2a6a0087862fd2c/section-200.1 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-A/subject-group-ECFR2a6a0087862fd2c/section-200.1

Objective Performance Measure(s) Description Data Grantee Provides

Participate in a scheduled virtual planning meeting with the NIC project manager and other designated individuals to clarify project goals, objectives, and deliverables, including discussion of timeline of activities and role clarification within 30 days of the award.

The awardee is a full participant and contributor in the discussion of all identified agenda activities.

The awardee, NIC, and other designated participants collaborate and come to agreement on project goals, objectives, deliverables, timeline of activities and role clarification within 30 days of the award.

The awardee will create a record of the meeting discussion and submit it to NIC.

Participate in scheduled virtual meetings at least quarterly with NIC project staff.

The awardee is a full participant and contributor in discussion of agenda items.

The agenda will be shared with all participants and all items will be addressed to the full satisfaction of NIC.

The awardee will create a record of the meeting discussion and submit it to NIC.

Work with the NIC Project Manager to establish a multidisciplinary work group.

The workgroup is established with membership as detailed in the objectives section of the solicitation. The attendees will develop meeting schedules and agendas.

The workgroup will work with the awardee to develop outlines and content for publications and multimedia resources.

The awardee will provide meeting agendas and documentation of meeting outcomes.

Develop materials that are guided by the description of content requirements outlined in the program description overview in the body of the solicitation.

The awardee will work with the project workgroup to develop resources and content for NIC’s review and approval. Final drafts will be professional in appearance, Section 508 compliant, and meet the standards of the Plain Writing Act.

The awardee will deliver materials that reflect the content as outlined in the solicitation project overview.

The awardee will deliver final drafts of materials that are professional in appearance, Section 508 compliant, and meet the standards of the Plain Writing Act.

Develop a multimedia package that will focus on dissemination of information from year one findings.

The awardee will identify and develop resources, including but not limited to multimedia, webinars, podcasts, or workshop presentations.

The awardee will deliver a resource package that reflects the content of dissemination plan based on year one findings.

The awardee will deliver resources that are professional in appearance, have high resolution images (at least 300 dpi), meet current Section 508 compliance requirements, and conform to Plain Writing Act standards.

Financial Management and System of Internal Controls

Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities) must, as described in Part 200 Uniform Requirements as sent out as set out at 2 C.F.R. 200.303:

Establish and maintain effective internal control over the federal award that provides reasonable assurance that the nonfederal 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).

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

Evaluate and monitor the nonfederal entity's compliance with statute, regulations, and the terms and conditions of federal awards.

Take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings.

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 nonfederal entity considers sensitive consistent with applicable federal, state, and local laws regarding privacy and obligations of confidentiality.

Budget Information

Funding Restrictions Foreign Travel is not allowed unless prior written approval is received from Awarding Agency (NIC).

Equipment purchases are not allowed. Construction is not an allowable activity.

Incentives or Stipends Unless specifically listed in Section A, NIC will not fund incentives or Stipends.

Pre-Agreement Cost Approvals NIC does not typically approve pre-agreement costs; an applicant must request and obtain the prior written approval of NIC 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 NIC’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.

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. The 2023 salary table for SES employees is available at the Office of Personnel Management website. 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.)

C. Eligibility Information

NIC invites applications from nonprofit organizations (including faith-based, community, and tribal organizations), for-profit organizations (including tribal for-profit organizations), and institutions of higher education (including tribal institutions of higher education). Recipients, including for-profit organizations, must agree to waive any profit or fee for services. Foreign governments, international organizations, and non-governmental international organizations/institutions are not eligible to apply.

Proof of 501(c) (3) status as determined by the Internal Revenue Service or an authorizing tribal resolution is required.

NIC 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 (1) application will be accepted from a submitting organization.

NIC 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.

Cost Sharing or Matching Requirement This solicitation does not require cost sharing or match. However, if a successful application proposes a voluntary cost share or match amount, and NIC approves the budget, the total cost share or match amount shall be incorporated into the approved budget, and becomes mandatory and subject to audit. Cost sharing or match will not be used as a factor during the merit review of applications.

Limit on Number of Application Submissions If an applicant submits multiple versions of the same application, NIC 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. See attached checklist.

Moreover, applicants should anticipate that applications that are determined to be nonresponsive to the scope of the solicitation, do not request funding within the funding limit, or that do not include the application elements that NIC has designated to be critical, will neither proceed to peer review nor receive https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2022/executive-senior-level further consideration. Under this solicitation, NIC has designated the following application elements as critical: Project Abstract, Program Narrative, Accessibility Conformance Report, Budget Detail Worksheet, Budget Narrative, Logic Model, Timeline or Milestone Chart and résumés of all key personnel.

Applicants should review the “Note on File Names and File Types” under How To Apply to be sure that they submit their applications in the permitted formats.

NIC strongly recommends that applicants use appropriately descriptive file names (e.g., “Accessibility Conformance Report”, “Program Narrative,” “Budget Detail Worksheet and Budget Narrative,” “Timelines,” “Memoranda of Understanding,” “Résumés”) for all attachments. Also, NIC recommends that applicants include résumés in a single file.

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. This form can be found on Grants.gov and NIC’s website https://nicic.gov/invitations-bid-and-requests-proposal.

Intergovernmental review This funding opportunity 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.”)

Project Abstract Applications must include a high-quality project abstract that summarizes the proposed project in 400 words or less. Project abstracts should be

• written for a general public audience;

• submitted as a separate attachment with “Project Abstract” as part of its file name; and

• single-spaced, using a standard 12-point font (Times New Roman) with 1-inch margins.

As a separate attachment, the project abstract will not count against the page limit for the program narrative.

The abstract should briefly describe the project’s purpose, the population to be served, and the activities that the applicant will implement to achieve the project’s goals and objectives. The abstract should describe how the applicant will measure progress toward these goals.

Program Narrative Applicants must submit a program narrative that presents a detailed description of the purpose, goals, objectives, strategies, design, and management of the proposed program. The program narrative should be double-spaced with 1-inch margins, not exceeding 30 pages of 8½ by 11 inches, and use a standard 12-point font, preferably Times New Roman. Pages should be numbered “1 of 30,” etc. The tables, charts, pictures, etc., including all captions, legends, keys, subtext, etc., may be single-spaced and will count in the 30-page limit. Material required under the Budget and Budget Narrative and Additional Attachments sections will not count toward the program narrative page count. Applicants may provide bibliographical references as a separate attachment that will not count toward the 30-page program narrative limit. If the program narrative fails to comply with these length-related restrictions, NIC may consider such noncompliance in peer review and in final award decisions.

https://www.grants.gov/web/grants/forms/sf-424-family.html https://nicic.gov/invitations-bid-and-requests-proposal http://www.archives.gov/federal-register/codification/executive-order/12372.html

The program narrative should address the following selection criteria: (1) statement of the problem; (2) goals, objectives, and performance measures; (3) program design and implementation; and (4) capabilities/competencies. The applicant should clearly delineate the connections between and among each of these sections. For example, the applicant should derive the goals and objectives directly from the problems to be addressed. Similarly, the project design section should clearly explain how the program’s structure and activities will accomplish the goals and objectives identified in the previous section.

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

Statement of the problem.

Applicants should describe any research or evaluation studies that relate to the problem and contribute to the applicant’s understanding of its causes and potential solutions. While NIC expects applicants to review the research literature for relevant studies, they should also explore whether unpublished local sources of research or evaluation data are available.

Goals, objectives, and performance measures.

Applicants should describe the goals of the proposed training and technical assistance program and identify its objectives. When formulating the program’s goals and objectives, applicants should be cognizant of the performance measures that NIC will require successful applicants to provide.

Goals. Applicants should describe the program’s intent to deliver training and technical assistance, as described in the previous section and outline the project’s goals.

Program objectives. Applicants should explain how the program will accomplish its goals.

Objectives are specific, quantifiable statements of the project’s desired results. They should be clearly linked to the training and technical assistance strategy identified in the preceding section and measurable.

NIC does not require applicants to submit performance measures data with their application.

Performance measures are included as an alert that NIC will require successful applicants to submit specific data 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.

Project Design and Implementation Applicants should detail how the project will operate throughout the funding period and describe the strategies that they will use to achieve the goals and objectives identified in the previous section.

Applicants should describe how they will complete the deliverables stated in the Goals, Objectives, and Deliverables section on page 5. NIC encourages applicants to select evidence-based practices for their programs.

Logic Model Applicants must include a logic model that graphically illustrates how the performance measures are related to the project’s problems, goals, objectives, and design. Applicants should submit the logic model as a separate attachment, as stipulated in Additional Attachments.

Timeline or Milestone Chart Applicants must submit a milestone chart that indicates major tasks associated with the goals and objectives of the project, assigns responsibility for each, and plots completion of each task by month or quarter for the duration of the award, using “Year 1,” “Month 1,” “Quarter 1,” etc., not calendar dates.

Applicants should submit the timeline as a separate attachment, as stipulated in Additional Attachments, page 19. On receipt of an award, the recipient may revise the timeline, based on training and technical assistance that NIC will provide.

Capabilities and Competencies, Résumés of All Key Personnel This section should describe the experience and capability of the applicant organization and any contractors or subawards that the applicant will use to implement and manage this effort and its associated federal funding, highlighting any previous experience implementing projects of similar design or magnitude. Applicants should highlight their experience/capability/capacity to manage subawards, including details on their system for fiscal accountability. Management and staffing patterns should be clearly connected to the project design described in the previous section. Applicants should describe the roles and responsibilities of project staff and explain the program’s organizational structure and operations. Applicants should include a copy of an organizational chart showing how the organization operates, including who manages the finances; how the organization manages subawards, if there are any;

and the management of the project proposed for funding.

Letters of Support/Memoranda of Understanding If submitting a joint application, as described under Section C: Eligibility Information, page 1, applicants should provide signed and dated letters of support or memoranda of understanding for all key partners that include the following:

expression of support for the program and a statement of willingness to participate and collaborate with it;

description of the partner’s current role and responsibilities in the planning process and expected responsibilities when the program is operational; and estimate of the percentage of time that the partner will devote to the planning and operation of the project.

Accessibility Conformance Report Applicants must provide an Accessibility Conformance Report (ACR) for each type of Information and Communication Technology (ICT) (e.g., electronic document, web-based content, web-based training, podcast, or video) offered through this Cooperative Agreement. Create the ACR using the Voluntary Product Accessibility Template (VPAT) Version 2.1 or later, located at https://www.itic.org/policy/accessibility/vpat. Complete each ACR in accordance with the instructions provided in the VPAT template.

Each ACR must address the applicable Section 508 requirements referenced in the statement of work and program description. Use the remarks/explanations column or additional narrative to explain how the ICT meets, fails to meet, or does not apply to the standards (e.g., user functionality, administrator functionality, and reporting). For ICT features that do not fully conform to Section 508 standards, describe your plan to remedy those features.

Finally, the applicant should describe the evaluation methods that were used to support Section 508 conformance claims. NIC reserves the right, prior to making an award decision, to perform testing on some or all of the applicant’s proposed ICT items to validate Section 508 conformance claims made in the ACR.

Plain Writing Attestation Letter For the deliverables offered with this Cooperative Agreement, applicants should provide a letter attesting https://www.itic.org/policy/accessibility/vpat to the adherence of requirements of the Plain Writing Act of 2010 and NIC Guidelines for Preparing and Submitting Manuscripts for Publication https://nicic.gov/plainlanguage. Include a section describing the evaluation methods that were used to support plain writing claims. NIC reserves the right, prior to making an award decision, to perform testing on some or all of the applicant’s proposed deliverables to validate claims made in the plain writing attestation letter.

Budget Detail Worksheet and Budget Narrative Applicants must provide a budget that (1) is complete, allowable, and cost-effective in relation to the proposed activities; (2) shows the cost calculations demonstrating how they arrived at the total amount requested; and (3) provides a brief supporting narrative to link costs with project activities. The budget should cover the entire award period. Pre-agreement cost approvals: For information on pre-agreement costs, see Section B. Federal Award Information.

Budget and Budget Justification Budget SF-424A Prepare a master budget table using “SF-424A Budget Information for Non-Construction Programs” (aka SF-424A), available in the Grants.gov electronic application package. Only complete “Section B- Budget Categories”. Provide the object class budget category (a. - k.) amounts for each budget year under the “Grant Program, Function or Activity” heading. Each column reflects a separate budget year. For example, Column (1) reflects budget year 1. The total budget will be automatically tabulated in column (5). The solicitation will specify if the award will fund multiple years, continuation awards will be made on a noncompetitive basis. Column 1 (budget year 1) is the only requirement.

Budget Justification Detail Worksheet The Budget Detail Worksheet must provide the detailed computation for each budget line item, listing the total cost of each and showing how it was calculated by the applicant. For example, cost for personnel must show the annual salary rate and the percentage of time devoted to the project for each employee paid with cooperative agreement funds. The Budget Detail worksheet must present a complete itemization of all proposed costs.

Identify the amount requested for each budget category and describe the basis for calculating the personnel, fringe benefits, travel, equipment (if authorized), supplies, contractual support and other costs identified in the SF-424A.

Budget information must be supported at the level of detail described below:

(1) Personnel: List all staff positions by title.