693JJ920R000008 Prosecutor Support for Impaired Driving.pdf

Notice of Funding Opportunity NHTSA (NOFO) No. 693JJ920R000008

Title: Prosecutor Support for Impaired Driving

Notice of Funding Opportunity (NOFO)

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

National Highway Traffic Safety Administration (NHTSA)

Funding Opportunity Title Prosecutor Support for Impaired Driving

Announcement Type

Initial Announcement

NHTSA NOFO Number

693JJ920R000008

Assistance Listing Program Number (formerly CFDA)

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

Key Dates

NOFO Posted Date: April 14, 2020

NOFO Questions Due Date: April 23, 2020

Application Due Date: May 14, 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 Application

B.4 Period of Performance

B.5 Acronyms

B.6 Statement of Responsibilities

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

B.78 Place of Delivery

C ELIGIBILITY INFORMATION

C.1 Eligible Applicants

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

Prosecutor Support for Impaired Driving

C. ANNOUNCEMENT TYPE

Initial Announcement

D. FUNDING OPPORTUNITY NUMBER

693JJ920R000008

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 14, 2020

NOFO Questions Due Date: April 23, 2020

Application Due Date: May 14, 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 vehicle and road traffic safety initiatives.

SECTION A - PROGRAM DESCRIPTION

A.1 PURPOSE AND OBJECTIVE

The purpose of the Cooperative Agreement is to assist State prosecutors and traffic safety resource prosecutors (TSRPs) in the prosecution of alcohol and drug impaired driving cases. The

Recipient will support State and local prosecutors, TSRPs, State prosecutor coordinators and other criminal justice professionals in the development, evaluation and delivery of training to increase the effectiveness of State, and local prosecutors as well as law enforcement personnel in the prosecution of impaired driving cases in State courts. In addition, the Recipient will also hold a yearly training seminar for the State TSRPs to expand prosecutor knowledge on issues presented in impaired driving cases.

A.2 PROGRAM AUTHORITY

The Cooperative Agreement (also called “Agreement) between National Highway Traffic Safety

Administration, hereinafter referred to as “NHTSA,” and the selected Recipient is authorized pursuant to the Highway Safety Act of 1966, as amended (23 U.S.C. Chapter 4).

A.3 BACKGROUND

NHTSA is responsible for reducing vehicle-related fatalities and injuries on our nation’s highways through education, research, safety standards and enforcement activity. States are responsible for laws regulating individual conduct and behavior within their jurisdictions. This includes the regulation of impaired driving.

The DOT has a long history of development and evaluation of prosecutor training for the prosecution of impaired driving cases. Beginning in 1991, the DOT committed to developing a comprehensive prosecutorial impaired driving program and other highway safety issues to support States and provide prosecutor training. Previous efforts have created five (5) training courses that State prosecutors may use and developed the delivery of the training to States.

These training courses include courtroom preparation for law enforcement as law enforcement and prosecutors work closely to reduce drug impaired driving through enforcement and adjudication. NHTSA’s support for prosecutor training development has continued and this

Notice of Funding Opportunity (NOFO) provides the opportunity to further develop and evaluate training that will increase the knowledge and skills of State and local prosecutors involved in impaired driving cases.

Currently, eleven (11) States and Washington, DC have legalized marijuana for recreational use and thirty (30) States have legalized marijuana for medical use. With the inception of legalized marijuana, it is predicted that marijuana will play an increased role in impaired driving, creating an increase in serious injury and fatal crashes. With the potential increase in impaired driving events, NHTSA seeks to improve efforts to counter impaired driving through successful enforcement and prosecution of impaired driving laws. This NOFO supports the development of prosecutorial education to reduce injuries and fatal crashes caused by impaired driving.

SECTION B - FEDERAL AWARD INFORMATION

B.1 AWARDING AGENCY:

Department of Transportation (DOT)

B.2 FUNDING AND TYPE OF AWARD

A total of $1,240,743.00 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) Contacting Officer Representative (Assistance Agreement)

CA Cooperative Agreement

DOT Department of Transportation

DWI Driving While Intoxicated

NAPC National Association of Prosecutor Attorneys

NHTSA National Highway Traffic Safety Administration

NTLC National Traffic Law Center

RCAM Recipient’s Cooperative Agreement Manager

TSRP Traffic Safety Resource Prosecutors

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 the Cooperative Agreement.

B.6 STATEMENT OF RESPONSIBILITIES

A. Under the 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 advancing activities of the Recipient.

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

Cooperative Agreement Project;

5. Review and provide feedback on materials and planned activities produced under the 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 the Cooperative Agreement, the Recipient shall 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 the Cooperative Agreement;

3. Adhere to the procedures or objectives specified in the 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 the Cooperative Agreement

Under the Agreement, the Recipient will meet the following conditions:

Condition 1: Conduct Kick-Off Meeting

Within one (1) month of Agreement award, the Recipient will 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 Agreement; 2) the Agreement’s objectives, planned course of action, schedule, milestones and deliverables; and 3) to review the work plan for the project.

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, 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 of award, the Recipient will submit a final work plan that may be based off the work plan provided in the Recipient’s proposal and that reflects discussion and agreements reached during the initial meeting with the NHTSA personnel at the

Kick- off meeting. The work plan shall include a description of all project tasks and how they shall be conducted and include a complete list of project milestones and deliverables noted within the SOW and the Project Briefing. Within two (2) weeks of receipt, the

COR (AA) will provide comments for consideration. The Recipient will provide an updated Work Plan within two (2) weeks of receipt of the revised Work Plan containing the COR (AA) comments.

Condition 3: Prosecutor and Law Enforcement Education for TSRPs

The Recipient will design, deliver, and evaluate impaired driving training curriculum

(i.e., Cops in Court, Lethal Weapon, Prosecuting the Drugged Driver) for State

Prosecutors, TSRPs and law enforcement officers.

The Recipient should coordinate with State TSRPs to provide training on impaired driving prosecution as identified by prosecutors.

Any training provided by a State TSRP should be recorded by the Recipient. The

Recipient will provide a training report that contains the topic, date, location, number trained, and agency trained within one (1) month of the conclusion of each training to the

COR (AA).

Condition 4: Highway Safety Committee

The Recipient will establish a Highway Safety Committee to discuss impaired driving trends and current issues. The committee meetings will take place twice a year and will be pre-determined, to minimize meeting costs. This does not preclude the committee from meeting more often through conference calls set up by the Recipient. This committee will play a role in planning the future education of TSRPs and prosecutors.

Condition 5: Present at Highway Safety Meetings and/or Conferences

The Recipient will coordinate and support requests for TSRPs to conduct training or present at highway safety meetings and conferences (e.g., Lifesavers conference, NAPC conference, IACP meetings and conferences). All requests will be forwarded to the COR

(AA) for review and the COR (AA) will provide feedback on the training request. All travel will be reviewed by the COR (AA) prior to the event.

Condition 6: Participate in the National Defense Expert Witness Catalog and

Database

The Recipient will work with the National District Attorney Association (NDAA)’s

National Traffic Law Center (NTLC), to maintain and strengthen the National Defense

Expert Witness catalog. The Recipient will support up to six (6) TSRPs to attend two (2) working meetings per year to update the current catalog.

Condition 7: Conduct an Annual TSRP Training Meeting

The Recipient will organize and hold an Annual TSRP training meeting. The training meeting will be held once per year for the period of performance of the Agreement. The purpose of the training is to enhance the skills and experience of the TSRPs to successfully prosecute impaired driving cases. The Recipient will work with the TSRPs to select a location, date, and to set the meeting agenda. The meeting shall be held in a different location each year to reduce travel times for those TSRP’s attending (i.e., east coast, Midwest, west coast, etc.). All travel shall be in accordance with Federal Travel regulations.

Condition 8: Provide a Webinar Service

The Recipient will develop and conduct webinar services to be used for State and

National training on impaired driving prosecution. This will occur twelve (12) times each year during the performance period of the agreement. Topics for the webinar will be coordinated with the COR (AA) prior to the webinar being aired.

Condition 9: Develop and Support a Mentor Program for New TSRPs

The Recipient will provide a mentor program for new TSRPs. The mentor program will provide orientation training for newly hired State TSRPs. The training will include, at a minimum, discussions of the resources available to TSRPs, contact information for all

TSRPs, potential funding sources available to TSRPs and identification of a mentor for the new TSRP. The recipient should hold approximately five (5) orientation trainings annually for each year of the period of performance of the agreement.

Condition 10: Conduct an Annual Traffic Safety Report of Sub-Recipient Activities

The Recipient will conduct an annual activities report containing the training provided by

TSRPs during the year. This activities report will quantify all the training provided under the agreement for the year; including where the training was held, number of participants, costs/budget, title/subject matter of the training, summary of any participant feedback, an evaluation of the effectiveness of each training, lessons learned, and other relevant information that will help the Recipient focus training on issues relevant to State and local prosecutors and law enforcement. The activities report will occur one (1) time each year during the performance period. The Recipient will provide an activity report to the

COR (AA) no later than one (1) month from the end of each performance year.

Condition 11: Evaluation

The Recipient will evaluate the effectiveness of each demonstration activity it develops and implements. The evaluation at a minimum will include a description of the activity and if in print form (e.g., curriculum, guidance, report, etc.) a copy, participant evaluations of the activity/document, results of any pre-and post-tests, the number and type of participant (e.g., probation officer, community supervision manager, judge, prosecutor, law enforcement officer, etc.). The evaluation should include any data that the Recipient relied upon to evaluate the effectiveness of each activity.

Condition 12: Final Briefing

The Recipient will participate in a final briefing in Washington, DC no later than thirty

(30) days prior to the end of the period of performance of this agreement. The final briefing will discuss project deliverables, challenges and issues encountered, and effectiveness of the activities conducted under this agreement. In preparation for this meeting, the Recipient will prepare a presentation that summarizes their work and accomplishments during the performance period. The final briefing shall last no longer than sixty (60) 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 # Condition Milestone (M)/Deliverable (D) Due Date

1 1 Kick-Off Meeting (M) Within 1 month of award

2 2 Submit Work Plan to COR (AA)

(D)

Within 2 months of award

3 2 COR Reviews and Provides

Feedback on Work Plan (M)

Within 2 weeks of receipt

4 2 Submit Final Work Plan (D) Within 2 weeks of receipt

5 3 TSRP and Prosecutor Training (D) Annually

6 3 Submit Training Report (D)

Within 1 month of completion of training

7 3 Assist State Prosecutors with

Highway Safety Training (M) Ongoing

9 4 Select and Coordinate a Highway

Safety Committee (M) Annually

10 5 Present at Highway Safety

Meetings and/or Conferences (M) Ongoing

11 6

Maintain and Enhance a National

Defense Expert Witness Catalog and Database (M)

Semi Annual

12 7 TSRP Annual Training/Meeting

(M) Annually

13 8 Provide a Webinar Service (M) Annually

14 9 Mentor Program for New TSRPs

(M) Annually

15 10 Submit TSRP annual activities report (D)

Within 1 month from the end of the performance period

16 10 Submit Annual Evaluation Report

(D)

Within 1 month from the end of the performance period

Item # Condition Milestone (M)/Deliverable (D) Due Date

17 F.3.2 Submit draft Final Report (D) Within 58 months of award

18 F.3.2 COR Reviews and Provides

Feedback on Final report (M)

Within 1 month of receipt

19 12 Final Briefing (M)

No later than 30 days before the end of the period of performance

20 F.3.1 Quarterly Progress Reports (D)

15th of the month following the end of the quarter.

21 F.3.2 Submit Final Report (D) Within 15 days of receipt

22 F.3.3 Submit Federal Financial Report

(SF425) (D)

Annually by

October 1

B.7 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, 5, 6, 15, 16, 17, 20, 21, & 22

Department of Transportation

National Highway Traffic Safety Administration

1200 New Jersey Avenue, SE, NPD-110

Washington, DC 20590

Room: TBD

Attn: TBD

Email Address: TBD

Telephone Number: TBD

20 & 22

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.

To be eligible to participate in the Cooperative Agreement, applicants shall meet the following requirements:

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

• Have a membership or participants who are primarily prosecutors;

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

• Have the capacity to provide assistance to prosecutors and law enforcement during normal work hours, Monday through Friday in the eastern, central, mountain and pacific time zones;

• Have extensive experience in developing and providing educational curriculum to judges; and

• Know and understand the impaired driving laws, challenges, and limitations in each State and nationwide.

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

C.2 COST SHARING OR MATCHING

Cost-sharing or matching is 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): Prosecutor Support for Impaired Driving

• Opportunity Number: 693JJ920R000008

• CFDA Number: 20.614

If obtaining an electronic copy of the NOFO is not accessible, paper copies of materials may be requested by mail to the following address:

Office of Acquisition Management (NFO-300)

Attn: David Larson

1200 New Jersey Avenue, S.E., W53-411

Washington, DC 20590

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.

• 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 may 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.

• Applicants should state whether the project is located in a Qualified Opportunity Zone designated pursuant to 26 U.S.C. § 1400Z-1.

• 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.

o A description of the project or program’s goal and how the applicant plans to meet the goal. The applicant must be specific with respect to the particular approach being addressed and how it will be implemented.

o A description of the specific activities proposed by the applicant.

o Demonstrated capability of technical and management skills to successfully conduct similar projects. The applicant shall demonstrate that such past programs have resulted in timely, adequate and complete projects. The applicant should also include a narrative description of documented https://www.transportation.gov/rural experience, clearly indicating the relationship of past programs to this project and provide details such as project description and sponsoring agency.

References to completed final project reports shall include the author’s name

(and contact information if available).

o A description of how the proposed project will be managed. The application shall identify the proposed project manager and other personnel considered critical to the successful accomplishment of the project, including a brief description of their qualifications and respective organizational responsibilities. The role and responsibilities of the applicant and any others included in the application package shall be specified. The proposed level of effort in performing the various activities shall also be identified.

o The applicant must furnish an organizational chart, staffing plan, and résumés of each proposed staff member.

o A detailed explanation of time schedules, milestones, and product deliverables, including quarterly reports and draft and final reports.

• 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 an 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 an 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, May 14, 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 April 23, 2020.

D.5 FUNDING RESTRICTIONS

Funds awarded under this Agreement cannot be used for any activity intended to or designed to lobby Congress or a State legislative body, or to urge a U.S., State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body.

• All NHTSA awards are subject to the terms and conditions in the agreement or cooperative 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: 693JJ920R000008.

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 14, 2020.

Or

If submitting applications in hard-copy or digital storage media (preferred) format, the applicant shall submit two (2) copies of its application to the following address by no later than 2:00 PM

Eastern Time, on May 14, 2020.

National Highway Traffic Safety Administration (NHTSA)

Office of Acquisition Management (NFO-300)

Attn: David Larson (W53-411)

1200 New Jersey Avenue, S.E., W44-127

Washington, DC 20590

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, enter an agreement 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: 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 specific, measurable, achievable, relevant, and time-based.

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

b. EVALUATION FACTOR 2: Past Project Experience and Performance

• This factor evaluates the quality of the applicant’s past performance in terms of scheduling, quality of products, and customer service.

• The degree that the applicant describes their past experience and technical capability managing judicial education programs and projects.

• The application must clearly discuss past projects and how these projects relate to this project’s objectives. The applicant should provide information on projects conducted within the last three (3) years that are similar to the goals and objectives of this effort, the project’s purpose, the outcomes and results, any unusual circumstance faced during the project, and how the applicant addressed those circumstances.

• For applicants that have previously received federal funding, 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.

• Previous projects will be evaluated based on planned activities verses actual accomplishments. Quality customer service is essential. Timeliness and quality of deliverables of past projects, professional interaction in response to the Government’s requests for more complete products, and how these factors may impact the applicant’s ability to successfully meet the objectives of this project, will be considered. Therefore, the applicant should submit a sample of how a project progressed according to the milestones and deliverables in approved work plans. The applicant’s timeliness in submitting deliverables including monthly/quarterly reports will be reviewed.

• For applicants that have previously received federal funding, 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.

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

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

• 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 his 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:

https://www.transportation.gov/rural

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.

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 enter an agreement with 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 Cooperative 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 Award;

o Budget Approved by NHTSA;

o Total Approved Cost Sharing or Matching, where applicable;

o 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 agreement.

• General Terms and Conditions as applicable including:

o Administrative Requirements;

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

• NHTSA General Provisions for Assistance Agreements

• 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 Parts 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 quarterly report will provide a summary of the previous quarter’s activities and accomplishments as well as the proposed activities for the upcoming quarter. At a minimum, each report will include the following:

• Specifics regarding the technical assistance that was provided to prosecutors and other members 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 prosecutors 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 prosecutor 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 any issues or problems;

• Preliminary or interim results, conclusions, trends, or other items of information that the Recipient believes are of timely interest to NHTSA.

• Planned travel for the upcoming quarter; and

• A detailed accounting of the activities from the previous quarter, including travel.

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

Within twelve (12) months of the Cooperative Agreement award, the Recipient will submit a draft annual report to the COR (AA). At a minimum, the annual report will include a narrative description of the following items:

• Summary of activities, milestones, and deliverables accomplished;

• Description of activities conducted and any notable feedback; and

• Summary of results, trends, conclusions, and other items of information that the

Recipient believes is critical to the results of the project.

• The Recipient will conduct an evaluation that measures the effectiveness of the activities of the agreement, including lessons learned, proposed improvements, challenges to the activities and should include any data that the Recipient believes supports the evaluation. Data may be comparative data of prosecutions from jurisdictions where the training occurred.

Within one (1) month after receipt, the COR (AA) will review the annual report for adequacy and provide comments to the Recipient for consideration. Within fifteen (15) days of receipt of the COR (AA)’s comments, the Recipient will provide an annual report presenting a detailed explanation of the results and outcomes accomplished for all the tasks identified and outline in Specific Requirements and Tasks.

F.3.3 Final Report

Within fifty-eight (58) months of Cooperative Agreement award, the Recipient will submit a draft final report to the COR (AA). At a minimum, the final report will include a narrative description of the following items:

• Summary of activities, milestones, and deliverables accomplished;

• Description of activities conducted and any notable feedback; and

• Summary of results, trends, conclusions, and other items of information that the

Recipient believes is critical to the results of the project.

• The Recipient should include a final evaluation that measures the effectiveness of the activities of the agreement, including lessons learned, proposed improvements, challenges to the activities and should include any data that the

Recipient believes supports the evaluation. Data may be comparative data of prosecutions from jurisdictions where the training occurred.

Within one (1) month after receipt, the COR (AA) will review the final report for adequacy and provide comments to the Recipient for consideration. Within fifteen (15) days of receipt of the COR (AA)’s comments, the Recipient will provide a final report presenting a detailed explanation of the results and outcomes accomplished for all the tasks identified and outline in Specific Requirements and Tasks.

F.3.4 Financial Status Reports

The Recipient will agree to prepare and submit federal financial reports (SF-425) to the

NHTSA CAPM and the Contracting Officer (CO), annually, by October 1 of each year, to document the status of funds.

SECTION G – FEDERAL AWARDING AGENCY CONTACTS

Primary NOFO Point of Contact

David Larson, Contract Specialist

Phone: (202) 366-4769

Email: NHTSAOAM@dot.gov with a copy to David.Larson@dot.gov

Secondary NOFO Point of Contact

Sherese Gray, Contracting Officer

Phone: (202) 366-3998

Email: NHTSAOAM@dot.gov with a copy to Sherese.Gray@dot.gov mailto:Sherese.Gray@dot.gov

SECTION H – OTHER INFORMATION

H.1 DISCLOSURE OF INFORMATION

Information made available to the Recipient or employee(s) of the Recipient by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without NHTSA’s express written approval.

The Recipient will assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the Recipient to whom information may be made available or disclosed shall be notified in writing by the

Recipient that such information may be disclosed only for a purpose and to the extent authorized herein.

H.2 LIMITED USE OF DATA

Performance of this effort may require the Recipient to access and use data and information proprietary to a Government agency or Government contractor that is of such a nature that its dissemination or use, other than in performance of this effort, would be averse to the interests of the Government or others.

The Recipient and employee(s) of the Recipient will not divulge, or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon the written approval of NHTSA. The

Recipient shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort.