25PR08 Diciplinary Hearing Office NOFO Final RB.pdf

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Disciplinary Hearing Officer Training for Corrections
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25PR08
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This document is a Notice of Funding Opportunity (NOFO) for a cooperative agreement from the National Institute of Corrections (NIC) to develop a training program for correctional staff on disciplinary hearing procedures.

The key details are:

  • NIC is seeking applications to create a comprehensive, 24-40 hour ITIP (Instructional Theory Into Practice) training program for correctional staff, with a focus on disciplinary hearing officers, on conducting fair and impartial disciplinary hearings, upholding laws and regulations, handling evidence, and balancing sanctioning with rehabilitation.
  • Eligible applicants include nonprofit, for-profit, and higher education organizations. Only one application per organization will be accepted.
  • The total award amount is up to $175,000 for a 12-month project period, with potential for supplemental funding in future years.
  • The application deadline is 11:59pm ET on October 21, 2024. Applicants must register with Grants.gov prior to submitting.
  • The funded program falls under the NIC Corrections Training and Staff Development grant program (CFDA 16.601).

25PR08 NOFO 25PR08 Disciplinary Hearing

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25PR08

The National Institute of Corrections (NIC) is seeking applications for funding under the Fiscal Year (FY) 2025 to create training materials that will assist disciplinary hearing officers, institutional and agency leadership, and correctional staff in understanding the disciplinary hearing process better and their role.

NIC FY 2025 Disciplinary Hearing Officer Training for Corrections

Applicants to NIC for awards with expected issuance dates on or after October 1, 2024, should be aware of revisions to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) effective from that date. All NIC awards issued on or after October 1, 2024, will be subject to the revised regulations. You may incorporate these changes into your applications now.

Significant changes to 2 CFR Part 200 that may be most relevant for NIC’s applicants and recipients include:

an increase in the de minimis indirect cost rate from 10% to 15% of Modified Total Direct Costs (2 CFR § 200.414 [f]), an increase in the threshold for determining equipment from a per unit cost of $5,000 to $10,000 (2 CFR § 200.313), an increase in the upper limit for computers as supplies from $5,000 to $10,000, an increase in the threshold for reporting unused supplies from an aggregate value of greater than $5,000 to $10,000 (2 CFR § 200.314), an increase in the threshold for excluding subaward costs from the modified total direct cost base from $25,000 to $50,000.

a requirement that recipients verify that subrecipients are not suspended, debarred, or otherwise excluded from receiving Federal funds (2 CFR § 200.332), and an increase in the Single Audit Threshold from $750,000 to $1 million (2 CFR § 200.501).

Recipients of NIC awards issued prior to October 1, 2024, will not be subject to the new regulations, although supplements to these awards will.

NIC encourages applicants and recipients to read OMB’s final rule, now entitled OMB Guidance for Federal Financial Assistance, at: https://www.federalregister.gov/documents/2024/04/22/2024- 07496/guidance-for-federal-financial-assistance .

https://nicic.gov/ https://nicic.gov/

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 October 21, 2024.

Late applications are neither reviewed nor considered.

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

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

Contact Information

For programmatic questions concerning this solicitation contact Christopher Smith National Program Advisor, National Institute of Corrections at cmsmith@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 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: 25PR08 Release date: August 21, 2024 mailto:cmsmith@bop.gov mailto:support@grants.gov mailto:BOP-NIC/General@bop.gov

Contents NIC FY 2025 Disciplinary Hearing Officer Training for Corrections

Eligibility

Deadline

Contact Information

NIC FY 2025 Disciplinary Hearing Officer Training for Corrections

(Assistance Listing Number (CFDA) # 16.601)

A. Program Description

Overview

Program-Specific Information

Goals

Objectives

Deliverables

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

Cooperative Agreements require significant staff involvement excluding the basic monitoring of the project, progress, deliverables and reports

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 2025 Disciplinary Hearing Officer Training for Corrections (Assistance Listing Number (CFDA) 16.61)

A. Program Description

Overview The National Institute of Corrections (NIC) is the only federal agency with a legislative mandate (Public Law 93-415) to provide specialized services to corrections from a national perspective. NIC provides direct service as the primary means of carrying out its mission. It responds directly to needs identified by practitioners working in state and local adult corrections, the Federal Bureau of Prisons, the Department of Justice, and other federal agencies.

The U.S. correctional system maintains public safety while fostering rehabilitation among justice-involved persons. NIC recognizes the importance of a firm, fair, consistent, and effective disciplinary process to enhance public safety and promote the successful rehabilitation of incarcerated individuals. This cooperative agreement seeks to improve the understanding of all correctional staff about their role in the disciplinary system and the application of disciplinary procedures. A key task of the initiative is to develop a comprehensive, ITIP (Instructional Theory Into Practice) training program for different stakeholders involved in the disciplinary process. The overarching goal is to equip correctional staff with the necessary knowledge and skills to ensure that procedural fairness is maintained when conducting disciplinary proceedings that are firm, fair, impartial, and legally compliant.

Statutory Authority: Public Law 93-415

Program-Specific Information The training modules developed through this cooperative agreement will equip correctional staff with the necessary knowledge and skills to accomplish the following:

• Conduct fair and impartial disciplinary hearings

• Uphold institutional rules and state and federal laws

• Handle evidence responsibly

• Protect the integrity of the disciplinary system

• Promote rehabilitation throughout the sanctioning process

This training program is designed for all correctional leadership and staff and emphasizes the importance of the disciplinary process in maintaining institutional order, enhancing safety, and supporting rehabilitation efforts. By providing foundational knowledge and reinforcing ethical conduct in disciplinary matters, the program aims to provide staff with a common understanding of the disciplinary hearing process and its role in upholding appropriate standards.

Suggested Topics

1. Overview of the Disciplinary Process: An overview of the evolution of disciplinary systems and an exploration of the historical context.

2. Legal Foundations: Explore the legal framework governing disciplinary processes, including due process rights and legal precedents.

3. Ensuring Procedural Integrity: Recognizing the responsibility of facility and agency leadership in safeguarding procedural fairness, monitoring compliance, and addressing systemic challenges.

https://nicic.gov/resources/nic-library/all-library-items/itip-toolkit-guide-working-curriculum-developers

4. Effective Communication and Collaboration: Enhancing communication strategies between leadership, disciplinary officers, and other stakeholders to facilitate a coordinated and transparent disciplinary process.

5. Understanding the Role of Disciplinary Hearing Officers (DHOs): Participants will gain an understanding of the duties, obligations, responsibilities, and ethical considerations associated with the role.

6. Procedural Safeguards: Examining procedural safeguards to protect the rights of both persons in custody and staff, including appeals processes and administrative reviews.

7. Independence and Impartiality: Emphasize the importance of DHO independence and impartiality in maintaining procedural fairness.

8. Importance of Evidence: Providing practical guidance on the importance of evidence and its influence on determining guilt or innocence in disciplinary hearings.

9. Analyzing Written Incident Reports: Analyzing the critical role of incident reports in documenting disciplinary infractions, ensuring accuracy, completeness, and objectivity.

10. Balancing Sanctioning and Rehabilitation: Understanding the delicate balance between appropriately sanctioning individuals in custody to promote accountability for infractions while achieving rehabilitation goals.

11. Continuous Improvement and Evaluation: Establishing mechanisms for ongoing evaluation and refinement of disciplinary policies and practices that foster a culture of continual improvement.

Case Studies and Practical Exercises: Applying theoretical knowledge to real-world scenarios through case studies and role-playing exercises to hone decision-making skills and enhance procedural competency.

Goals This program aims to enhance the effectiveness and fairness of the disciplinary process, preserve the integrity of the disciplinary system, and inform those staff involved in the disciplinary process while focusing on rehabilitating justice-involved persons within correctional facilities across the United States.

This initiative seeks proposals to develop a comprehensive, ITIP training program that can be provided to different stakeholder groups involved in the disciplinary process. The overarching goal is to equip correctional staff, with an emphasis on disciplinary hearing staff, and leadership with the knowledge and skills to uphold institutional rules and regulations, ensure the procedural fairness necessary to conduct legally compliant disciplinary proceedings, and promote rehabilitation to enhance institutional safety and security.

Objectives The awardee will successfully satisfy the scope of work by building a disciplinary hearing training curriculum that will cater to correctional staff members with disciplinary hearing responsibilities and to institutional and agency leadership. The training curricula will be approximately 24-40 hours with a facilitator’s guide, a participant guide, presentation slides, a course description, recommended instructor prerequisites, and any other materials needed for an institution or agency to deliver the training.

Deliverables 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 by the awardee under this cooperative agreement include the following:

1. Conduct an initial meeting (virtual or in-person) with the NIC program manager within thirty days of being awarded the cooperative agreement. The initial meeting will be to clarify goals, objectives, and deliverables, including the setting of initial deadlines and role clarification. The awardee should provide a summary report of all meetings via email to the NIC program manager.

2. The awardee will have monthly virtual meetings with the NIC program manager to update their progress in completing the requirements of this cooperative agreement. The awardee should plan to use their provided schedule as a guide, which should be outlined in the awardee’s application documents and/or updated following the initial meeting and as needed throughout the project. At a minimum, this meeting should be attended by the awardee, the awardee’s project manager, the NIC program manager, and others as needed.

3. The awardee’s submission packet should include recommendations for at least two correctional subject matter experts (SMEs) with agency-level disciplinary hearing officer experience. At least one should represent a state correctional system and the other should represent either a county/jail or a different state correctional system. These two SMEs will be used throughout the project.

Additionally, the awardee must include recommendations for a minimum of six short-term SMEs to participate in a virtual round table. These SMEs can be a combination of disciplinary hearing experts or correctional practitioners focused on the effect of discipline in correctional institutions in working with justice-involved persons. The awardee will be responsible for contracting and compensating all the SMEs and other staff needed to complete the cooperative agreement. All SMEs, both program SMEs and those participating in the virtual round table must be reviewed and approved by the NIC program manager. Finally, the NIC program manager reserves the right to place one or more Bureau of Prisons SMEs into the project at different points of the process, but the awardee is not required to provide any compensation.

4. The awardee will conduct a SME virtual round table to properly discuss the topics covered in the curricula. The NIC program manager expects that the length of the SME virtual round table will be approximately 8 hours (preference being two four-hour sessions or some other 8-hour multi-session combination). Additionally, the awardee’s team should generate an anticipated list of curriculum objectives before the SME round table that has been approved by the NIC program manager.

5. The awardee will hold a periodic virtual working group. The working group is intended to meet to discuss the current content, review materials, and ensure cohesion of the group and the project to this document and its requirements. The first working group meeting will be held within ninety days of receiving this award and continue quarterly. The working group should be attended by the awardee, the awardee’s project manager, the curriculum developer, the NIC program manager, and others as needed.

6. The awardee will be required to produce a DHO training program designed specifically for DHOs and/or staff with disciplinary hearing responsibilities, but it must be written in a way that all correctional staff, including intuitional and agency leadership, can benefit from it. This training curriculum should include a facilitator’s guide, participant guide, instructional presentation slides, a course description, instructor-recommended prerequisites, and anything else needed for the program to be successfully conducted. Applicants should provide examples of their ability to develop curricula, modern instructional presentation slides, and a facilitator’s guide. The curricula length for the training program will be between 24 and 40 hours, based on the objectives recommended by the SME virtual round table, and approved by the NIC program manager.

7. The awardee will provide quarterly progress report memos via email to the NIC program manager, demonstrating their adherence to the requirements of this cooperative agreement and as proscribed in their provided schedule, which should be outlined in the awardee’s application documents.

8. The awardee will submit drafts of all course materials to the NIC program manager for review and approval according to an agreed-upon schedule.

9. The awardee will generate a training curriculum for the disciplinary hearing program that follows the Instructional Theory Into Practice (ITIP) method.

10. The awardee will be responsible for producing and facilitating a virtual pilot program using the newly produced DHO training curricula. The NIC program manager will work with the awardee’s program manager to get students for the virtual pilot program. The awardee will be responsible https://nicic.gov/resources/nic-library/all-library-items/itip-toolkit-guide-working-curriculum-developers for ensuring that they have a staff member to produce and host the pilot. After the completion of the virtual pilot program, the awardee will survey the students and instructors to determine if any changes should be made to the training material. Once the NIC program manager has approved the changes, the materials can be modified.

11. The awardee will provide all materials produced in this project, in currently acceptable versions of the appropriate software formats, to NIC before the end of this cooperative agreement with the understanding that NIC will own all rights to the materials produced. All updated and/or produced publications must be produced using the NIC style guide and provided to NIC, with sufficient time, and on an agreed-upon schedule, before the close of this cooperative agreement to allow for review and approval by the technical writer/editor and the NIC program manager.

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.

Significant staff involvement may include the following:

• Provides oversight and project management, working collaboratively with the awardee on all aspects of the project.

• Being a subject matter expert and member of the working groups in the project to aid when and where required or appropriate.

• Granting final approval of all subject matter experts.

• Co-authoring the curriculum and publications as dictated by the NIC program manager.

• Reviewing and approving all training materials and supplementary documents.

• Approving virtual pilot training dates and participants.

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 $175,000.00 for a 12-month project period, beginning on December 9, 2024. Requests for amounts more than a total of $175,000.00, 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 2026 and FY 2027 to the awardee. With the supplemental funding, the project period can be extended up to two additional 12-month increments for an overall project period of 36 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

Conduct an initial meeting within 30 days of being awarded the cooperative agreement.

Completion of the initial meeting.

Conduct an initial meeting with the NIC program manager within 30 days of being awarded the cooperative agreement.

Participation in the meeting with the awardee’s project manager and a summary report of the meeting via email to the NIC program manager.

Hold periodic virtual working group meetings.

The initial meeting will occur within 90 days of the award and continue quarterly.

Conduct virtual working group meetings. The group meeting is intended to meet to discuss the current content, review content, review materials, and ensure cohesion of the group and the project to this document.

Periodic participation in the group meeting and a summary report of the meeting via email to the NIC program manager.

Hold SME virtual round table.

Completion of SME virtual round table.

Hold a virtual round table. The round table will be used to discuss and make recommendations for the DHO training.

Participation in the virtual round table. Those present should also include the awardee’s project manager, curriculum developer, SMEs, round-table-specific SMEs, the NIC program manager, and anyone else the awardee deems necessary with NIC approval. Additionally, the awardee should provide a summary report of the meeting via email to the NIC program manager.

Produce curricula for DHO training program.

Awardee will produce curricula for the DHO training program.

Curricula generated in consultation with the SMEs, virtual working group, and the NIC program manager.

The awardee should provide a draft copy and a final version copy of produced materials to the NIC program manager for review and approval purposes.

Produce and conduct a virtual pilot program.

Completion of virtual pilot program.

Produce and facilitate a virtual pilot program using the newly developed training curricula.

The awardee will produce and conduct a virtual pilot program.

At the conclusion of the virtual pilot, an evaluation will be conducted to determine if any changes are required.

Provide all materials produced in this project to

NIC.

Provide all materials produced in this project to the NIC before the of this cooperative agreement with sufficient time for review and approval by NIC’s program manager and technical writer/editor.

The awardee will provide all materials produced in this project to NIC prior to the end of this cooperative agreement.

The awardee will provide all materials produced in this project to NIC prior to the end of this cooperative agreement. All updated and/or produced publications must be produced using the NIC style guide and provided to NIC.

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 2024 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/2023/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/forms 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.

https://www.itic.org/policy/accessibility/vpat

Plain Writing Attestation Letter For the deliverables offered with this Cooperative Agreement, applicants should provide a letter attesting 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. Give annual salary, percentage of time assigned to the project, total cost…

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