NOFO 693JJ920R000017 Judicial Education_.pdf

NHTSA Notice of Funding Opportunity (NOFO) No. 693JJ920R000017

Title: Judicial Education

Notice of Funding Opportunity (NOFO)

Federal Agency United States Department of Transportation (U.S. DOT)

National Highway Traffic Safety Administration (NHTSA)

Funding Opportunity Title Judicial Education

Announcement Type

Initial Announcement

NHTSA NOFO Number

693JJ920R000017

Assistance Listing Program Number (formerly CFDA)

20.614 - National Highway Traffic Safety Administration (NHTSA) Discretionary Safety Grants

Key Dates NOFO Posted Date: April 22, 2020

NOFO Questions Due Date: May 1, 2020

Application Due Date: May 22, 2020

TABLE OF CONTENTS

SECTION TITLE

N/A PROGRAM SUMMARY INFORMATION

A. Federal Agency Name

B. Funding Opportunity Title

C. Announcement Type

D. Funding Opportunity Number

E. Assistance Listing Program Number (formerly CFDA)

F. Key Dates

N/A MISSION

A PROGRAM DESCRIPTION

A.1 Purpose and Objective

A.2 Program Authority

A.3 Background

B FEDERAL AWARD INFORMATION

B.1 Awarding Agency

B.2 Funding and Type of Award

B.3 Type of Applications

B.4 Period of Performance

B.5 Acronyms

B.6 Statement of Responsibilities

B.7 Deliverables (D) and Milestones (M)

B.8 Place of Delivery

C ELIGIBILITY INFORMATION

C.1 Eligible Application

C.2 Cost Sharing or Matching

D APPLICATION AND SUBMISSION INFORMATION

D.1 Address to Request Application Package

D.2 Content and Form of Application Submission

D.3 Unique Entity Identifier and System for Award Management (SAM)

D.4 Submission Dates and Times

D.5 Funding Restrictions

D.6 Other Submission Requirements

E APPLICATION REVIEW INFORMATION

E.1 Criteria

E.2 Review and Selection Process

E.3 System for Award Management Review

E.4 Anticipated Announcement and Federal Award Dates

F FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices

F.2 Administrative and National Policy Requirements

F.3 Reporting

G FEDERAL AWARDING AGENCY CONTACTS

H OTHER INFORMATION

H.1 Disclosure of Information

H.2 Limited Use of Data

H.3 Payment for Unauthorized Work

H.4 Place of Performance

H.5 Seat Belt Use Policies and Programs

H.6 Protection of Human Subjects

H.7 Disputes

H.8 Termination

H.9 Encouraging Policies to Ban Text Messages while Driving

SECTION TITLE

H.10 NHTSA Review of Announcements or Publications

H.11 Recertification

H.12 Conflict of Interest

Appendix A NHTSA General Provisions

Appendix B Standard Forms and Certifications

PROGRAM SUMMARY INFORMATION

A. FEDERAL AGENCY NAME

U.S. Department of Transportation (DOT)

B. FUNDING OPPORTUNITY TITLE

Judicial Education

C. ANNOUNCEMENT TYPE

Initial Announcement

D. FUNDING OPPORTUNITY NUMBER

693JJ920R000017

E. ASSISTANCE LISTING PROGRAM NUMBER (formerly CFDA)

20.614 - National Highway Traffic Safety Administration (NHTSA) Discretionary Safety Grants

F. KEY DATES

NOFO Posted Date: April 22, 2020

NOFO Questions Due Date: May 1, 2020

Application Due Date: May 22, 2020

MISSION

The mission of the United States (U.S.) Department of Transportation (DOT) is to serve the U.S.

by ensuring a fast, safe, efficient, accessible and convenient transportation system. The Mission of the National Highway Traffic Safety Administration (NHTSA), an operating mode of DOT, is to save lives, prevent injuries and reduce economic costs due to road traffic crashes, through education, research, safety standards and enforcement activity. To accomplish this, NHTSA awards grants to state and local governments, not-for-profit organizations, and other entities in support of motor vehicles and road traffic safety initiatives.

SECTION A - PROGRAM DESCRIPTION

A.1 PURPOSE AND OBJECTIVE

The purpose of this Cooperative Agreement (CA or Agreement) is to expand judicial knowledge on issues presented in impaired driving cases, provide technical assistance on impaired driving, and measure the effectiveness of these activities. NHTSA will provide financial assistance to stimulate the Recipient to provide technical assistance to judges who hear impaired driving cases and, in the development, and presentation of training relating to the following:

• Use of evidence-based and improved court, sentencing and supervision practices;

• Toxicology, scientific evidence, drug impaired driving detection and screening methods;

• Use of Ignition Interlock by state and local judges

• Use of Driving While Intoxicated (DWI) Courts in state and local courts;

In addition to focusing on the overall judiciary that adjudicates impaired driving cases, the technical assistance and development of training should focus on these specific groups:

• Non-lawyer judges who hear traffic matters;

• Special judicial audiences, such as the military and tribal courts.

A.2 PROGRAM AUTHORITY

NHTSA may enter into an assistance agreement with a State or local agency, authority, association, institution, or person to carry out activities authorized by the Highway Safety Act of

1966, P.L. 89-564, as amended (see 23 U.S.C. § 403).

A.3 BACKGROUND

In 2018, 36,560 people died in motor vehicle traffic crashes in the United States and an estimated

2.5 million people were injured in 2017. Alcohol-impaired driving plays a significant role in motor vehicle crashes. In 2018, 29 percent of motor vehicle fatalities occurred in alcohol-impaired crashes that involved at least one driver or motorcyclist that had a blood alcohol concentration (BAC) of .08 grams per deciliter or more. Moreover, data suggests drug-impaired driving is a significant concern. In NHTSA’s most recent National Roadside Survey conducted in 2013/2014, the survey found that approximately 22 percent of drivers tested positive for drugs that may impair driving.

There are several effective countermeasures that can address impaired driving, including enforcement of impaired driving laws. From arrest to prosecution to adjudication, each stage of the criminal justice system plays a role to reduce motor vehicle crashes due to alcohol and drug impaired driving. The Judiciary plays a critical role in deterring unsafe driving behaviors and assigning appropriate consequences for impaired driving. Procedural, substantive, and scientific education is vital to the adjudication of complex impaired driving cases. To that end, peer-to-peer training, education, and outreach have been found to be most effective in promoting proven and promising practices to the judiciary.

The judiciary is in a unique position to impact drivers who are convicted of impaired driving.

While critical deterrents, fines and imprisonment, alone, have been insufficient to deter repeat offenders, judicial education helps judges better understand the behavior of impaired driving arrestees as well as the underlying causes. Judicial education will help educate judges on the procedural and scientific complexities of hearing an impaired driving case and the alternative sentencing options that offer promise to deter repeat offenders.

NHTSA seeks creative applications that also measure the effectiveness of educational programming for our Nation’s judiciary, who adjudicate impaired driving cases. NHTSA is also looking to identify the educational needs of the judiciary in the area of alcohol and drug impaired driving, create new and update existing educational courses, evaluate each course and update courses based on the evaluation results. NHTSA anticipates that courses for lawyer and non-lawyer judges will be developed under the Agreement.

SECTION B - FEDERAL AWARD INFORMATION

B.1 AWARDING AGENCY:

Department of Transportation (DOT)

B.2 FUNDING AND TYPE OF AWARD

A total of $1,273,879.00 is available to fund up to one (1) discretionary Cooperative

Agreement. NHTSA will only accept one (1) application from each eligible applicant

(see Section C.1). Submission of an application is not a guarantee of award.

B.3 TYPE OF APPLICATION

NHTSA will accept only new applications under this Notice of Funding Opportunity.

B.4 PERIOD OF PERFORMANCE

All work required hereunder including preparation, submission, review, and acceptance of the final reports shall be completed within sixty (60) months of the effective date of the Cooperative Agreement. NHTSA currently anticipates the start date for new Federal awards to be in August 2020.

B.5 ACRONYMS

The acronyms listed below are used during the performance of this project. If the

Recipient is currently using or has used any of the acronyms listed below differently, the

Recipient will use the acronym listed below as defined under the Assistance Agreement only.

ACOR (AA) Alternate Contracting Officer Representative Assistant Agreement

BAC Blood Alcohol Concentration

CO Contracting Officer

CS Contract Specialist

COR (AA) Contracting Officer Representative Assistant Agreement

CA Cooperative Agreement

DWI Driving While Intoxicated

GHSA Governors Highway Safety Association

JOL Judicial Outreach Liaisons

NHTSA National Highway Traffic Safety Administration

RCAM Recipient’s Cooperative Agreement Manager

As used in this NOFO:

“COR (AA)” means “Contracting Officer’s Representative (Assistance Agreements.)”

This individual is assigned by the Contracting Officer and designated in writing to serve as the government’s liaison with the recipient for technical and administrative matters regarding the Cooperative Agreement.

“Contracting Officer” refers to that federal government employee who possesses a warrant authorizing him/her to obligate the government financially. The Contracting

Officer is the only individual who is authorized, on behalf of the federal government, to execute the Cooperative Agreement.

“RCAM” means the “Recipient’s Cooperative Agreement Manager.” This individual is identified as the Recipient’s liaison with the federal government for technical and administrative matters concerning this Cooperative Agreement.

B.6 STATEMENT OF RESPONSIBILITIES

A. Under this Cooperative Agreement NHTSA will:

1. Designate a professionally qualified staff member, designated as the Contracting

Officer's Representative (COR) (AA), to provide liaison and coordination between the Recipient and NHTSA;

2. Provide all essential background information and technical assistance from government sources, available resources as determined appropriate by the COR;

3. Provide liaison with NHTSA Regional offices staff and others (Federal, state, and local), interested in reducing impaired driving injuries and fatalities and promoting activities of the Recipient.

4. Maintain on-going contact with the Recipient regarding conduct of this

Cooperative Agreement Project;

5. Review and provide feedback on materials and planned activities produced under this Cooperative Agreement Project;

6. Reserve the right to terminate this agreement at any time, prior to its conclusion, for reason(s) that are in the best interest of either party.

B. Under this Cooperative Agreement, the Recipient agrees to meet the following conditions:

1. Carry out the project as described in the Recipient’s technical proposal and detailed final work plan, as coordinated with the COR(AA);

2. Advise the COR (AA) of any problems or issues involved in the implementation or progress of this Cooperative Agreement;

3. Adhere to the procedures or objectives specified in this Cooperative Agreement unless logical and feasible deviations are submitted to the COR (AA) and approved in writing by the Contracting Officer (CO); and

4. For the period of performance set forth in B.3, “Period of Performance,” furnish personnel, equipment, and facilities and otherwise perform all things necessary to complete the work required to accomplish the Cooperative Agreement’s objective as specified.

C. Conditions for this Cooperative Agreement

As a condition of this Cooperative Agreement, the Recipient will follow the following conditions:

Condition 1: Conduct Kick-Off Meeting

Within one (1) month of Assistance Agreement award, the Recipient agrees to meet with

NHTSA’s Contracting Officer (CO), NHTSA’s COR (AA), and other interested NHTSA personnel either in Washington, D.C. at NHTSA Headquarters or via teleconference to discuss: 1) the administration of the Assistance Agreement; 2) the Assistance Agreement objectives, planned course of action, schedule, milestones and deliverables; and 3) to begin finalizing the work plan for the project. This meeting will serve as a forum to resolve any variances between NHTSA and the Recipient’s approach.

During the kick-off meeting, the Recipient will first conduct a short briefing describing the Recipient’s planned approach to support this Project. After the Recipient’s prepared briefing, the Recipient, NHTSA COR (AA), CO and other NHTSA personnel will discuss specific details of the project to resolve any differences in approach and/or expected goals.

Condition 2: Work Plan

Within two (2) months after the Kick-Off Meeting, the Recipient will submit the Final

Work plan to the NHTSA COR (AA). The plan shall include specific (step-by-step) tasks, the roles of the staff and a proposed timeline for projects. The Recipient will include in the final work plan details associated with meeting project objectives, project tasks and timelines. The Recipient will submit the final work plan to the NHTSA COR

(AA) for review.

Within two (2) week of receipt, the NHTSA COR (AA) will review the Final Work Plan and provide questions and/or comments to the Recipient for consideration.

Condition 3: Requirements Assessment

The Recipient will conduct an assessment of the state of judicial education on alcohol and drug impaired driving, to identify areas that require further development or updating. The

Recipient will identify existing resources that assist judges to adjudicate impaired driving cases and resources that require development or an update.

The Recipient will share the findings of the needs assessment with NHTSA and explain how it plans to address these needs within six (6) months of award date. The COR(AA) may provide feedback within two (2) weeks of receipt for consideration.

Condition 4: Develop Courses for Military and Tribal judges

The Recipient will develop, deliver and evaluate traffic safety-oriented judicial education programs related to alcohol and drug impairment and traffic safety issues that are prevalent among specific audiences, including but not limited to Military and Tribal judges. At a minimum, the Recipient will evaluate and update two (2) existing curricula to address impaired driving in and around military bases and tribal lands, submit updates to NHTSA COR (AA), incorporate any edits and /or changes needed into the final curricula and present the curricula for these audiences at a minimum of three (3) times during the Agreement.

The Recipient will develop, deliver and evaluate an impaired driving course addressing impaired driving in the military within twelve (12) months of the award date. This curriculum should address how the military handles impaired driving cases under military law; identify jurisdictional issues between military, state, and local authorities in the adjudication of impaired driving cases; and outline the administrative consequences to service members who drive while impaired. The Recipient will present this course once a year in years two (2), four (4), and five (5) of this Agreement. Recipient will notify COR

(AA) of content and location of the military program a minimum of sixty (60) days prior to delivery.

The Recipient will develop, deliver and evaluate a three-day impaired driving course for tribal court judges within twelve (12) months of the award date. This curriculum should address the high prevalence of alcohol-impaired driving and the highest in the nation, alcohol-related motor vehicle death rates among Native Americans. The Curriculum shall describe the statistics of tribal DUI issues, discuss the implications of these issues, and provide examples of effective evidence-based sentencing options to combat the issue of impaired driving. The Recipient will present this course once a year in years one (1), three (3) and five (5) of this Agreement. Recipient will notify COR (AA) of content and location of the tribal program a minimum of sixty (60) days prior to delivery.

Condition 5: Drug-Impaired Driving Web-Based Educational Products

The Recipient will develop and offer four (4) web-based educational courses addressing

Drug-Impaired Driving topics annually.

Recipient will develop four (4) webinars per year of this Agreement on issues most important to judges who adjudicate impaired driving cases, focused on working with drug-involved offenders and alcohol impaired driving. The NHTSA COR (AA) will review and provide feedback for the Recipient to consider prior to the Recipient developing the webinars.

The Recipient will develop, deliver, and evaluate an advanced self-study course for drug-impaired driving within twelve (12) months of the award date. The Recipient will evaluate and update the self-study course annually. The curriculum should include such topics as how drugs affect the brain, drug testing technology, and the role of the judge in drug-impaired driving cases, among others. Recipient will notify COR (AA) of content of the self-study course a minimum of two (2) months prior to delivery.

The Recipient will produce and disseminate a monthly electronic newsletter that addresses issues involving impaired driving, including case law, scientific evidence and promising practices around sanctions and interventions for all adjudicators who hear drug-impaired driving cases.

The Recipient will host an online resource center related to drug impairment and drug-impaired driving for judges who do not preside over a specialized drug or DWI court.

Condition 6: Develop Program for Non-Lawyer Judges

Non-lawyer judges may preside over cases involving impaired driving. Non-lawyer judges presiding over criminal matters such as impaired driving where incarceration is a potential sentence may hear issues concerning due process, the 4th Amendment, and

Daubert/Frye hearings.

The Recipient will develop curricula for non-lawyer judges that will provide a defined level of learning around topics that lawyer-judges may have received in law school, such as evidence and due process. In addition to the defined topic curricula, the Recipient will develop and implement an impaired driving certificate program for non-lawyer judges within twenty-four (24) months of the Agreement award date. The Recipient will evaluate the effectiveness of the program and make any necessary updates annually.

Recipient will notify COR (AA) of curricula for the certificate program a minimum of two (2) months prior to delivery.

Condition 7: State Training Courses and Attendance

The Recipient will, in coordination with State Judicial Education stakeholders, develop, deliver and evaluate state judicial alcohol and drug impairment education programs The Recipient may, subject to the prior approval of the COR (AA), support the presentation of state Judicial education courses and support participants to attend such training courses. For each course, the Recipient will evaluate and update the courses after each session.

Condition 8: Collaboration and Technical Assistance

The Recipient will present judicial educational opportunities on impaired driving to attendees at relevant national conferences, such as Lifesavers and the Governors

Highway Safety Association. The Recipient will emphasize the importance of the judiciary’s role in reducing impaired driving by attending national programs and disseminating information about the educational resources available for judges. At these events, the Recipient will discuss the importance of the judiciary in traffic safety providing judicial attendees the opportunity to obtain information on traffic safety educational opportunities.

Condition 9: Develop Faculty training for Judicial Education

To provide effective training to the judiciary, it is critically important to keep existing and new faculty up-to-date on course information and adult education techniques.

Accordingly, the Recipient will develop or update an existing program to educate new and current judicial educators and faculty who deliver curriculum developed under this cooperative agreement, American Bar Association Judicial Outreach Liaisons

(JOLs) and Judicial Fellows. These individuals require formal training to educate the judiciary. The Recipient will provide training regarding the creation and delivery of both in-classroom and Internet based (online) learning sessions once a year. The

Recipient agrees to review participant evaluations and edit modules as necessary and warranted for effectiveness.

Condition 10: In-State Education

The Recipient will offer impaired driving courses through in-state education sessions that are regionally diverse to maximize participation by judges. The Recipient will deliver eight (8) in-state sessions each year of the agreement. The Recipient will present various modules addressing impaired driving issues at state or regional judges’ conferences or comparable gatherings or, when it is determined that there is sufficiently high demand and a significant number of judges would benefit, the

Recipient will present a stand-alone in-state program. Recipient will notify COR

(AA) of content and location of in-state programs a minimum of sixty (60) days prior to delivery.

The Recipient will evaluate the effectiveness of the in-state impaired driving course within three (3) months of the delivery of each program.

Condition 11: Drug Impaired Driving Course

Within twelve (12) months of the award date, the Recipient will develop and deliver a drug impaired driving course, no more than eight (8) hours in length, that includes information on toxicology, Drug Recognition Expert protocol, expert testimony, sentencing, and other issues relevant to presiding over a drugged driving case. The

Recipient will provide the faculty to deliver the program at least one (1) time per year and will make it available to any state or Judicial Outreach Liaison that requests to use the program.

The Recipient will evaluate the effectiveness of the in-state impaired driving and the drug impaired driving course within three (3) months of the delivery of each program.

Condition 12: Final Briefing

The Recipient will help organize a final briefing in Washington, DC no later than sixty

(60) months after award of this Cooperative Agreement, to discuss the resulting project deliverables, challenges and issued encountered. In preparation for this meeting, the

Recipient agrees to prepare a presentation that summarizes their work, including but not limited to a presentation of the guideline recommendations, relevant performance measure, and plans for guideline dissemination and implementation. The final briefing shall last no longer than ninety (90) minutes.

B.7 DELIVERABLES (D) AND MILESTONES (M)

The deliverables and milestones shall be established and defined within the Cooperative

Agreement issued under the authority listed within Section A.2 of this NOFO.

The deliverable schedule and descriptions are provided below. With final deliverables, the

Recipient will provide a table detailing how each Government comment was addressed.

Deliverables must be in electronic format and printable, with the exception of those required in hard copy.

ITEM

NO.

COND

NO.

MILESTONE (M) / DELIVERABLE

(D)

DUE DATE

1 1 Kick off Meeting (M) Within 1 month of award

2 2 Submit Final Work Plan (D) Within 2 months of award

3 2 COR (AA) review (M) Within 2 weeks of receipt

4 3 Submit Requirements Assessment (D) Within 6 months of award

5 4 Develop Courses for Special Audiences

Tribal Courts (M)

Annually in year 1,3 and 4 of award

6 4 Develop Courses for Special Audiences

Military Courts (M)

Annually in year 2, 4 and 5 of award

7 4 Notify COR (AA) for the Tribal Program

Course (M)

2 months prior to delivery

8 5 Develop Drug-Impaired Driving

Webinars (M)

Quarterly

9 5 Develop and deliver Drug-Impaired

Driving Self-study course (M)

Annually

10 5 Submit and distribute electronic newsletter (D)

Monthly

11 5 Host online resource center (M) Ongoing

12 5 Notify COR (AA) for the Self-Study

Course (M)

2 months prior to delivery

ITEM

NO.

COND

NO.

MILESTONE (M) / DELIVERABLE

(D)

DUE DATE

13 6 Develop and Launch the Impaired

Driving Certificate Program for non-lawyer judges. (M)

Within 24 months of award date

14 6 Notify COR (AA) of curricula for the certificate program (M)

2 months prior to delivery

15 7 State Training Courses and Attendance

(M)

Ongoing

16 8 Collaboration and Technical Assistance

(M)

Ongoing

17 9 Develop and deliver faculty training for

Judicial Education (D)

Annually

18 10 Provide faculty and curriculum for In-

State Education (M)

Annually

19 10 Notify COR (AA) for In-state Program content and location (M)

2 months prior to delivery

20 10 Evaluate the In-State Impaired Driving

Couse (M)

Within 3 months of delivery

21 11 Develop and offer one-day drugged driving program (M)

Annually

22 11 Notify COR (AA) for Drug Impaired

Driving Course (M)

2 months prior to delivery

23 11 Evaluate the Drug Impaired Driving

Couse (M)

Within 3 months of delivery

24 12 Participate in Final Briefing (D) Within 60 months of award

25 F.3.1 Submit Quarterly Progress Reports (D) 15th of the month following the end of the quarter.

26 F.3.2 Submit Annual Reports (D) Annually

27 F.3.2 COR (AA) review (M) Within 2 weeks of receipt

28 F.3.3 Submit Final Report (D) Within 60 months of award

29 F.3.3 COR (AA) review (M) Within 2 weeks of receipt

30 F.3.4 Submit Federal Financial Report (SF-425)

(D)

Annually by October 1

B.8 PLACE OF DELIVERY

All deliverables of items shall be delivered to the following addresses in the numbers of copies specified below:

Item no. Address

2, 4, 10, 17, 24, 25, 26, 28, & 30

Department of Transportation

National Highway Traffic Safety Administration

1200 New Jersey Avenue, SE, NPD-110

Washington, DC 20590

Room: TBD

Attn: TBD

E-mail Address: TBD

Telephone Number: TBD

25 & 30

Department of Transportation

National Highway Traffic Safety Administration

Office of Acquisition Management

NFO-300, W44-127

1200 New Jersey Avenue, SE

Washington, DC 20590

Attn: David Larson

Email: David.Larson@dot.gov

Telephone: 202-366-4843 mailto:David.Larson@dot.gov

SECTION C - ELIGIBILITY INFORMATION

C.1 ELIGIBLE APPLICANTS

This NOFO is limited to organizations that demonstrate that they have the infrastructure in place, as well as the necessary staff and support to carry out the responsibilities of administering, coordinating, and implementing the conditions of this NOFO. Only organizations capable of fulfilling the criteria listed within this NOFO will be considered for an award. Applicant must have the existence of an organizational infra-structure that will allow staff time necessary to handle the day-to-day logistical needs for this project.

To be eligible to participate in this Cooperative Agreement, Recipients will meet the following requirements:

• Have an expert staff that understands the role of the judge and has first-hand knowledge of the challenges judges face in trying impaired driving and other traffic related cases;

• Have membership or participants who are primarily judges;

• Have experience providing technical assistance to judges across the nation;

• Have the capacity to provide assistance to judges during normal work hours;

Monday through Friday in the eastern, central, mountain and pacific time zones;

• Demonstrated ability to develop, deliver and evaluate educational curriculum to judges;

• Have expertise of Federal, State and Tribal impaired driving laws, including procedural and evidentiary requirements, challenges, and limitations;

• Demonstrated ability to develop, deliver, and evaluate educational courses across different platforms, e.g. in-person, classroom, and

• Offer courses that qualify for continuing judicial education credits.

Interested applicants are advised that no fee or profit will be allowed.

C.2 COST SHARING OR MATCHING

Cost-sharing or matching requirements are not required under this NOFO. While not mandatory, applicants are encouraged to seek funds from other Federal, State, local, and private sources to augment those Federal funds available under this NOFO. Preference may be given to applicants with cost sharing or in-kind contributions identified in their applications/proposals.

SECTION D - APPLICATION AND SUBMISSION INFORMATION

D.1 ADDRESS TO REQUEST APPLICATION PACKAGE

A copy of this NOFO, including all application forms, can be received by submitting an email request to NHTSAOAM@dot.gov using the following information:

• Keyword(s): Judicial Education

• Opportunity Number: 693JJ920R000017

• CFDA Number: 20.614

The NOFO, including all applications are attached with this posting.

D.2 CONTENT AND FORM OF APPLICATION SUBMISSION

Each application package must include the following required documents:

• The application shall not exceed twenty (20) pages (not including resumes or appendices). The application must be in English.

• No cost/price data shall be included in the Technical Application.

• Be written in electronic format (e.g., using MS Office 2016) in APA Style, (6th edition where appropriate -especially for citations and references);

• Cost data will be provided in excel format;

• NHTSA cannot receive email messages containing a ZIP attachment. The file will be removed, as all ZIP files are blocked. Other file types (e.g. Word, PowerPoint, PDF, etc.) can be received.

• If submitting the application in hardcopy or digital storage media format: OMB Standard

Form (SF) 424 (including 424 “Application for Federal Assistance,” 424A “Budget

Information for Non-Construction Programs,” and 424B “Assurances for Non-

Construction Programs”), with the required information filled in and certified assurances signed. These forms can be accessed by going to https://www.grants.gov/web/grants/forms/forms-repository.html. These forms are available in Appendix B.

• Certification Regarding Debarment, Suspension, And Other Responsibility Matters--primary Covered Transactions (49 CFR Part 29 - Appendix A); Certification Regarding

Debarment, Suspension, Ineligibility, and Voluntary Exclusion--Lower Tier Covered

Transactions (49 CFR Part 29 - Appendix B); and Certification Regarding Drug-free

Workplace Requirements (49 CFR Part 29 - Appendix C). These forms are available in

Appendix B.

• SFLLL: Disclosure of Lobbying Activities. This form can be accessed by going to https://www.gsa.gov/forms-library/disclosure-lobbying-activities.

mailto:NHTSAOAM@dot.gov https://www.grants.gov/web/grants/forms/forms-repository.html https://www.gsa.gov/forms-library/disclosure-lobbying-activities

• The applicant must provide a detailed breakdown of the proposed costs, as well as any in-kind costs, by year. This cost breakdown shall not only identify cost categories but shall also identify specific sub-categories (and associated costs). For example, Labor Costs should include labor categories, associated levels of effort, and rates; Direct Materials costs including itemized equipment and supplies costs; Travel and transportation costs, including projected trips and number of people traveling; Subcontractor/ Sub-recipient costs with similar detail, if known; and overhead. The applicant must also justify each proposed cost by explaining how each cost was calculated and determined to be fair and reasonable. Finally, the applicant should also include copies of any supporting documentation it may have (i.e. indirect cost rate agreements, etc.) as part of the budget package.

• Non-Federal funding sources are encouraged. Since activities may be performed with a variety of financial resources, applicants need to fully identify all project costs and their funding sources in the proposed budget. The proposed budget must identify all funding sources in sufficient detail to demonstrate that the overall objectives of the project will be met. All other factors being equal, preference will be given to those that have proposed cost-sharing strategies and/or other proposed funding sources in addition to those in this announcement.

• Consistent with the Department's R.O.U.T.E.S. Initiative

(https://www.transportation.gov/rural), the Department encourages applicants to describe how activities proposed in their application would address the unique challenges facing rural transportation networks, regardless of the geographic location of those activities.

• Technical Application: The application/proposal shall fully describe the scope of the project, providing a project plan detailing the activities and costs for which funding is being requested. The technical application shall be separated from the cost application

– no cost information shall be included or referenced in the technical application.

Also, applications for this program must include the following information in the program narrative statement:

o A table of contents including page number references and an easy method to identify the major sections of the Technical Application;

o Background – Describe current National Highway Traffic Safety projects including work done in partnership with NHTSA;

o Objective –Specify objectives that will be met under this agreement;

o Activities – Provide a detailed work plan of the proposed activities with distinct step by step tasks;

o Technical Approach - Must be clear, complete, reasonable and realistic.

Proposals must include how the applicant will complete the tasks outlined in the Statement of Work and must describe their technical capability and experience;

o Schedule of milestones and deliverables;

https://www.transportation.gov/rural o Qualifications- Provide the resumes of proposed staff with an organizational chart and staffing plan; and o Past-Performance- provide a list of previously funded projects (grants, cooperative agreements, or contracts) with a point of contact at the funding agency to demonstrate satisfactory efforts to complete the project, timeliness of deliverables, and financial accountability.

• Commitment and Support: When other sources and organizations are required to complete the proposed effort, the applicant shall provide proof of their commitment to the agreement effort. Such proof can be a letter of support or buy-in indicating what the organization will provide to the applicant.

• Additional Cost Information o The Government reserves the right to request, at any time after the receipt of applications and before award, additional cost or price information necessary to perform an analysis. Regular invoicing (monthly or quarterly) is required. Irregular invoicing could result in a reduction of available funding for subsequent years.

o Given that an award may be made without negotiations and without any discussion, each Applicant shall document and support the proposed costs so thoroughly that no additional information is needed by NHTSA.

o Applicants shall ensure that all proposed costs, including non-federal contributions and contributions from other federal sources, are reasonable, allowable, and allocable according to the cost principles stated in 2 CFR Parts 200 and 1201.

• CERTIFICATION INFORMATION: The Applicant shall provide with its application signed certification forms covering the requirements in 49 CFR Part 20, U.S. Department of Transportation New Restrictions on Lobbying. This form is available in Appendix B.

D.3 UNIQUE ENTITY IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT

(SAM)

Each applicant is required to:

• Be registered in SAM before submitting its application;

• Provide a valid unique entity identifier in its application (e.g., DUNS Number); and

• Continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by NHTSA.

NHTSA may not make a grant award to an applicant until the applicant has complied with all applicable DUNS and SAM requirements. If an applicant has not fully complied with the requirements by the time NHTSA is ready to make an award, NHTSA may determine that the applicant is not qualified to receive an award and use that determination as a basis for making a grant award to another applicant. NHTSA will review an applicant’s registration status to make a responsibility determination and to ensure that the applicant is responsible, current on all federal taxes, and is not on the list of parties excluded from federal awards.

D.4 SUBMISSION DATES AND TIMES

Application Due Date and Time:

Applications must be submitted no later than 2:00 PM Eastern Time, on May 22, 2020.

Only complete packages received on or before the published due date will be considered.

Applications received after the due date will not be evaluated for consideration. Facsimile submission of proposals will not be accepted. NHTSA will only accept one (1) application from each applicant. NHTSA will provide acknowledgments of receipt of applications via email.

Questions Due Date and Time:

General administrative and programmatic questions must be directed to David Larson, Contract

Specialist, at NHTSAOAM@dot.gov with a copy to David.Larson@dot.gov. To allow for sufficient time to address questions appropriately, all questions must be submitted via email no later than 2:00 PM Eastern Time on May 1, 2020.

D.5 FUNDING RESTRICTIONS

• Funds provided under grant awards may not be used for lobbying, advocacy or in direct support of litigation.

• All NHTSA awards are subject to the terms and conditions in the grant agreement and cost principles in 2 CFR Parts 200 and 1201.

• NHTSA will not reimburse applicants for pre-award costs.

D.6 OTHER SUBMISSION REQUIREMENTS

Each application should include:

• The NHTSA NOFO Number: 693JJ920R000017.

Application Submission:

Applications must be submitted to the attention of David Larson, Contract Specialist, via email at

NHTSAOAM@dot.gov with a copy to David.Larson@dot.gov, no later than 2:00 PM Eastern

Time, on May 22, 2020.

mailto:NHTSAOAM@dot.gov

Important: The timely submission of application packages is the sole responsibility of the applicant. All prospective applicants are cautioned that, due to increased security concerns, documents transmitted via U.S. Mail can be delayed for several weeks. NHTSA recommends that when transmitting hardcopy or digital storage media applications methods other than U.S.

Mail be used (i.e. Federal Express delivery, UPS).

SECTION E - APPLICATION REVIEW INFORMATION

E.1 CRITERIA

NHTSA will evaluate the applications using the evaluation criteria below to score and select competing applications. Evaluation Factors 1 through 3 will be weighted, with

Factor 1 being weighted the most, and Factor 3 being weighted the least. Evaluation

Factor 4 will be evaluated but not scored.

Submission of an application is not a guarantee of award. NHTSA may, at its discretion, award a grant based on an application in its entirety, award only portions of an application, or not make an award.

For each factor, the agency will determine whether the applicant has provided an acceptable explanation of its qualifications.

A. EVALUATION FACTOR 1: Description/Technical Approach, Work Plan and

Timeline

• The clarity in describing how the applicant intends to achieve the milestones and deliverables outlined in the request for proposal, including a proposed timeline.

• The extent to which the applicant’s goals are clearly articulated and the objectives are time-phased, specific, action-oriented and achievable.

• The degree to which the applicant has identified potential barriers to the project and the provided plans for mitigating or eradicating those barriers.

B. EVALUATION FACTOR 2: Past Project Experience and Performance

• The degree to which the applicant understands the needs and unique aspects of education the judiciary

• The degree to which the applicant describes their technical capability and experience in developing, delivering and evaluating the effectiveness of judicial education programs for both lawyer and non-lawyer judges

• The degree to which the applicant understands the complex aspects of adjudicating impaired driving cases

• The applicant’s experience developing and delivering both in-person and web-based adult education courses

• The applicant’s satisfactory history of grantor/Recipient relationships, as demonstrated by on-time completion of past efforts, and reports indicating a high level of satisfaction from government agencies and other organizations.

• The extent to which the applicant has a good record of financial responsibility and accountability as it relates to the use of federal funding, and a demonstrated history of compliance with regulations that apply to federal assistance agreements.

C. EVALUATION FACTOR 3: Qualifications of Project Personnel and Experience

• The extent to which the proposed personnel have clearly described roles and appropriately assigned positions, and the proper level of education and experience to carry out the project.

• The extent to which the applicant has demonstrated their ability to provide leadership, technical assistance and the resources to accomplish the milestones and deliverables of this project.

D. EVALUATION FACTOR 4: Cost/Budget Evaluation

The Applicant’s proposed budget will be evaluated for accuracy and feasibility, based on the provisions of 2 CFR Parts 200 and 1201.

For equally acceptable applications, preference may be given to those that have proposed cost-sharing strategies and/or other proposed funding sources in addition to those in this

NOFO.

Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department recognizes that rural transportation networks face unique challenges. To the extent that those challenges are reflected in the merit criteria listed in this section, the

Department will consider how the activities proposed in the application will address those challenges, regardless of the geographic location of those activities.

E.2 REVIEW AND SELECTION PROCESS

Each application package will be reviewed initially to confirm that the applicant meets the eligibility requirements as set forth in Section C.1, Eligible Applicants, and has included all of the items specified in Section D.2, Content and Form of Application Submission. A Technical

Evaluation Committee (TEC) will then review each completed application that meets the eligibility requirements and provide recommendations for award.

The applicant’s application, the TEC will rate the application using the following rating definitions:

Rating Definitions

Outstanding – The application demonstrates a professionally superior approach for accomplishing program objectives. The application is fully responsive to every aspect of the

NOFO, within most or all areas covered by the announcement. The application demonstrated a large capability for excellent or highly productive results.

Good – The application demonstrates a comprehensive and fully acceptable; excellent approach for accomplishing program objectives. The application is fully responsive to every aspect of the

NOFO, with capability for excellent or productive results in one or more major areas covered by the announcement.

Acceptable – The application meets minimum requirements of the NOFO; is responsive to all major aspects of NOFO; and is capable of achieving desired program objectives.

https://www.transportation.gov/rural

Rating Definitions

Unacceptable – The application demonstrates an incomprehensible or unacceptable approach, methods, organization, or capabilities; provided little to no detail as to how the program would be accomplished. The application is not capable of being evaluated.

E.3 SYSTEM FOR ACQUISITION MANAGEMENT REVIEW

NHTSA will review and consider any information about the applicant that is in the designated integrity and performance system accessible through the System for Acquisition Management

(SAM), currently FAPIIS.

Each applicant may review information in the SAM and provide comment in its application about itself that a Federal awarding agency previously entered and is currently in SAM.

NHTSA will consider any comment submitted by the applicant, in addition to the other information in SAM when determining the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the review under section D.3, Unique Entity

Identifier and System for Award Management (SAM).

E.4 ANTICIPATED ANNOUNCEMENT AND FEDERAL AWARD DATES

It is anticipated that an award will be made in August 2020. HOWEVER, SUBMISSION OF

AN APPLICATION DOES NOT GUARANTEE AN AWARD WILL BE MADE.

SECTION F - FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 FEDERAL AWARD NOTICES

The NHTSA Contracting Officer will award grants to responsible and eligible applicants whose applications are judged most meritorious under the procedures set forth in this NOFO. All funds provided by NHTSA must be expended solely for the purpose for which the funds are awarded in accordance with the approved application and budget, the Uniform Administration

Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR Parts 1200 and 1201), and the NHTSA General Provisions for Assistance Agreements, as provided in

Appendix A.

The Grant Agreement award will provide pertinent instructions and information including, at a minimum, the following:

• General Federal Award Information:

o Recipient name;

o Recipient’s unique entity identifier;

o Unique Federal Award Identification Number (FAIN) assigned by NHTSA;

o Federal Award Date;

o Period of Performance Start and End Date;

o Amount of Federal Funds Obligated by this action;

o Total Amount of Federal Funds Obligated;

o Total Amount of the Grant Award;

o Budget Approved by NHTSA;

o Total Approved Cost Sharing or Matching, where applicable;

o Grant project description;

o Agency name and contact information for awarding official;

o Assistance Listing Program Number (formerly CFDA) and Name;

o Identification of whether the award is R&D; and o Indirect cost rate for the grant.

• General Terms and Conditions as applicable including:

o Grant Administrative Requirements;

o National Policy Requirements; and o Recipient integrity and performance matters.

• NHTSA General Provisions for Assistance Agreements

• Grant Performance Goals

F.2 ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS

1. This Assistance Agreement shall be subject, as applicable, to the administrative requirements contained in the following regulation which is incorporated by reference, with the same force and effect as if it was given in full text:

a. Uniform Administration Requirements, Cost Principles and Audit Requirements for

Federal Awards (2CFR Part s 1200 and 1201); and

b. 49 CFR Part 20 – Department of Transportation New Restrictions on Lobbying.

2. The Recipient will acknowledge in writing that no funds provided under the Assistance

Agreement will used for lobbying activities as defined in 2 CFR § 200.450.

3. The General Provisions for Assistance Agreements, as provided in Appendix A, shall be applicable to this Assistance Agreement.

4. The Recipient will have procedures in place to respond to an unauthorized disclosure or breach of a consumer’s personally identifying information (PII). The Assistance Agreement

Recipient will notify NHTSA within seven (7) days of an incident involving the unauthorized disclosure or breach of PII. In the event of an unauthorized disclosure or breach, the Assistance

Agreement Recipient shall cooperate and exchange information with NHTSA, as needed, to properly escalate, refer, and respond to the incident.

F.3 REPORTING

The following reporting requirements will be required under this program. All reports will be submitted electronically, unless otherwise requested by NHTSA.

F.3.1 Quarterly Reports

The Recipient will submit quarterly reports to the COR (AA) on the 15th of each month of each quarter beginning three (3) months after Agreement award. The report shall include an up-to-date summary of accomplishments by the Recipient; obstacles and problems encountered and proposed solutions; noteworthy activities, events, or successes;

and a Financial Statement of funds expended to date.

Quarterly Reports shall include the following details about the relevant Milestones and

Deliverables:

• A detailed accounting of the activities from the previous quarter so that the

NHTSA COR (AA) can determine whether invoices should be approved or revised based upon the accomplishment(s) for which payment is sought;

• Specifics regarding the technical assistance that was provided to judges and other judicial personnel of the criminal justice and traffic safety communities, including how many times assistance was requested and the nature of the requests;

• Information about any new topics that were of interest to the judicial personnel who requested assistance during the quarter, so the Recipient may be better able to identify emerging issues;

• The number of website views or other indicator of judicial interest in the materials and information provided by the Recipient electronically on its public website(s).

• Plans for accomplishments in the next reporting period;

• Problems or delays that the Recipient has experienced in the conduct of this agreement and suggestions to overcome the problems or delays;

• Specific action the Recipient would like NHTSA to undertake to alleviate a problem; and

• Planned travel for the upcoming quarter.

Note: The Recipient will be permitted to submit an invoice for reimbursement each month, provided that the invoice includes the justification for each invoiced item for the period of time.

F.3.2 Annual Report

The Recipient will prepare and submit an Annual report to the NHTSA COR (AA) on the eleventh (11) month of the current fiscal year. Submission of the annual report may be in electronic format. The annual reports will provide a summary of activities, milestones and deliverables accomplished during the fiscal year, an accounting of funds expended during the reporting period, to include the amount of any in-kind contributions. The annual report will also include summary of problems or delays encountered while conducting services during the reporting period and a summary of results, conclusions, trends or other items of information that the Recipient believes is of timely interest to NHTSA. At fifty (59) months of the Agreement, the Recipient will submit a final report instead of the annual report.

Within two (2) weeks of receipt, the NHTSA COR (AA) will review the Annual Report and may provide any…