Model Acts - 2021_EOP_ONDCP_04_12.docx

Office of National Drug Control Policy Executive Office of the President Washington, DC 20503 Fiscal Year (FY) 2021 Competitive Cooperative Agreement Solicitation 21 U.S.C. § 1703 (i) (Model Acts Program) Funding Opportunity Announcement (FOA) Number: Model Acts 2021 Assistance Listing Number: 95.006 Release Date: April 12, 2021

The Office of National Drug Control Policy (ONDCP), Executive Office of the President, is seeking applications from non-profit institutions/organizations (includes institutions of higher education) to:

(1) Advise states on establishing laws and policies to address illicit drug use issues; and

(2) Revise such model state drug laws and draft supplementary model state laws to take into consideration changes in illicit drug use issues in the state involved.

Deadline Applicants must register with Grants.gov prior to applying. All applications must be submitted and applicants must be in receipt of a successful validation message in Grants.gov by 5:00 p.m., Eastern time, on June 10, 2021.

Contact Information For technical assistance with applying, contact the Grants.gov Customer Support Hotline at (800) 518-4726 or (606) 545-5035, or via email to support@grants.gov. The Grants.gov Customer Support Hotline hours of operation are 24 hours a day, 7 days a week, except federal holidays.

Applicants who experience unforeseen Grants.gov technical issues that prevent them from submitting their application by the deadline must submit all required application materials to jdelano@ondcp.eop.gov no later than 5:00 p.m. on June 10, 2021, via email (including a brief explanation of the technical issues that prevented application through Grants.gov) and request approval for acceptance of the separate application.

For assistance with any other requirements of this solicitation, applicants may contact Jayme Delano, Model Acts Program Manager, ONDCP, by telephone at (202) 395-6794 or by email at jdelano@ondcp.eop.gov.

Eligibility As established by 21 U.S.C. § 1703 (i) (Model Acts Program), ONDCP encourages applications from non-profit organizations, including institutions of higher education, to advise states on establishing laws and policies to address illicit drug issues, and revise such model state drug laws and draft supplementary model state drug laws to take into consideration changes in the drug use issues in the state involved. Applicants should have expert knowledge and extensive experience in conducting research and analysis, providing technical assistance, drafting model state illicit drug laws, policies and programs. Strong preference will be given to applicants with a history of successful enactment of state model laws and established relationships with law school clinics.

ONDCP Model Acts Program Competitive Cooperative Agreement A. Program Description Overview Under ONDCP’s authorization, the Director of ONDCP is authorized to enter into an agreement with a non-profit organization to “advise states on establishing laws and policies to address illicit drug issues; and revise such model state drug laws and draft supplementary model state drug laws to take into consideration changes in the drug use issues in the state involved.” See 21 U.S.C. § 1703 (i) (Model Acts Program) . These statutory requirements comprise the core of the Model Acts Program. The purposes and requirements for the assistance provided under this funding opportunity announcement are described in detail below.

ONDCP expects to award one federal cooperative agreement under the Model Acts Program, for a 2-year period, beginning approximately July 1, 2021. The successful non-federal entity (NFE) receiving the award will conduct research and analysis, provide technical assistance, draft model legislation on current and emerging illicit drug issues, and successfully facilitate enactment of the model legislation. The successful NFE receiving the award must maintain a web-based resource center that is accessible to the public and houses state illicit drug laws and related statutes, policies and programs for use in advising states and associated groups on establishing laws and policies based on Model Acts. Priority will be given to proposals that make funding available to at least five law school clinics via subawards.

Goals, Objectives and What the Government is Supporting The assistance provided under this award will support the NFE’s performance of the award and fulfillment of the following four performance areas:

· RESEARCH AND ANALYSIS

· Conduct timely research and analysis on state illicit drug laws, policies, and programs pertaining to current and emerging illicit drug issues;

· Describe and document processes used for determining which model laws should be developed and articulate criteria for prioritization and selection; and

· Provide technical assistance in legislative and policy development in response to requests by interested members of the public, including persons representing legislative and other organizations.

· DRAFTING AND REVISING MODEL LEGISLATION

· Draft model state illicit drug legislation to address current and emerging illicit drug issues; and

· Revise current model laws and/or draft supplementary legislation as deemed necessary.

· TECHNICAL ASSISTANCE

· All technical assistance must be conducted by subject matter experts with documented experience drafting model illicit drug laws and extensive knowledge of state drug legislative, policy, and program priorities.

· Documentation of all technical assistance must include, but is not limited to, the name and type of recipient, type of technical assistance, recipient feedback, and result of technical assistance. Applicant should describe the mechanism and process for obtaining and documenting this information for program reports.

· MODEL ACTS RESOURCE CENTER

· Maintain a repository and web-based resource center on model state illicit drug laws, policies and programs, studies, maps, tables, and other illicit drug information that is easily downloadable and readily accessible to the public;

· Publish relevant research and information online;

· Develop and disseminate relevant state statutes and case law online, to the maximum extent possible, subject to any underlying copyright or other rights appertaining to such materials; case law may or may not be in the public domain and the NFE may have to abstract cases relevant to this award; and

· Develop a schedule for timely distribution of state law reference documents and other materials to state and local officials, drug professionals, and other interested parties.

Authorizing Statutes and Governing Regulations Applicable to this Funding Opportunity: The authority for this opportunity is 21 U.S.C. § 1703 (i) (Model Acts Program) and the Consolidated Appropriations Act, 2021, Pub. Law No. 116-260. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards are applicable to the government and applicants, cooperative agreement applications, and cooperative agreement awards to non-federal entities. See 2 C.F.R. Part 200 et seq., as adopted in full by ONDCP via 2 C.F.R. Part 3603 et seq.

B. Federal Award Information ONDCP expects to award one federal cooperative agreement under the Model Acts Program, for a 2-year period, beginning approximately July 1, 2021.

All awards are subject to such additional requirements expressed in governing law. See 2 CFR Part 200 et seq.

ONDCP expects that it will make an award of financial assistance from this announcement in the form of a cooperative agreement. Under a cooperative agreement, ONDCP will be substantially involved with the recipient as the recipient carries out activities contemplated in the agreement. Substantial involvement may include collaboration, participation, or intervention in the activities performed under the award.

Applications for renewal or supplementation of existing projects are eligible to compete with applications for new federal awards.

Estimated Amount and Length of Award

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

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

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

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

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

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

C. Eligibility Information As established by 21 U.S.C. § 1703 (i) (Model Acts Program), ONDCP encourages applications from non-profit organizations to advise states on establishing laws and policies to address illicit drug issues, and revise such model state drug laws and draft supplementary model state drug laws to take into consideration changes in the drug use issues in the state involved. Applicants should have expert knowledge and extensive experience in conducting research and analysis, providing technical assistance, drafting model state illicit drug laws, policies and programs. Strong preference will be given to applicants with a history of successfully facilitating enactment of state model laws and established relationships with law school clinics.

Neither cost sharing nor matching are requirements for application eligibility.

D. Application and Submission Information This announcement contains everything needed to apply for financial assistance from ONDCP.

Content and Form of Application Submission Application Content

1. Eligibility:

As established by 21 U.S.C. § 1703 (i) (Model Acts Program), ONDCP encourages applications from non-profit organizations to advise states on establishing laws and policies to address illicit drug issues, and revise such model state drug laws and draft supplementary model state drug laws to take into consideration changes in the drug use issues in the state involved. Applicants should have expert knowledge and extensive experience in conducting research and analysis, providing technical assistance, drafting model state illicit drug laws, policies and programs. Strong preference will be given to applicants with a history of facilitating the successful enactment of state model laws and established relationships with law school clinics.

2. Technical Expertise and Experience:

Describe how the organization, its mission, and its submitted plan will contribute to the Administration’s drug policy goals and objectives. Please include the organization’s relevant experience and ability to draft and revise model illicit drug laws and related state statutes, to provide technical assistance, and to maintain a web-based resource center. In addition, as part of your organization’s ability to advise states on establishing laws and policies to address illicit drug issues, describe the organization’s capacity and experience in the following: research, data collection and analysis of state legislation policy and programs addressing illicit drug laws and related state statutes, and ability to provide technical assistance in this area; and demonstrated success with state model act enactment; and the documentation process regarding effectiveness of services provided. Applicants should describe their relationships with law school clinics or plans for working with law school clinics to facilitate enactment of model illicit drug laws at the state level.

3. Program Narrative:

The narrative must respond to the announcement and the specified criteria in Section E. The program narrative should be double-spaced, using standard 12-point font, with 1-inch margins and should not exceed 20 pages. Please number pages in the following manner: “1 of 20,” “2 of 20,” and so on.

The following sections should be included:

· Project design and implementation, including a plan and schedule for distribution of all Program materials and documentation mechanism for technical assistance and recipient feedback;

· Capabilities and competencies; and

· The project timeline of each deliverable with the expected completion date and responsible person and/or organization.

4. Budget Detail Worksheet and Budget Narrative:

Applicant must provide an itemized budget for the cooperative agreement period. Applicant must submit budget worksheets and budget narrative in one file. At a minimum, the following categories must be addressed: Personnel, Fringe Benefits, Overtime, Travel, Facilities, Services, Equipment, Supplies, and Other Costs. The budget narrative should thoroughly and clearly describe every category of expense listed in the worksheet. Proposed budgets are expected to be complete, reasonable and allowable, cost-effective, and necessary for project activities. The narrative should be mathematically sound and correspond with the information and figures provided in the budget detail worksheet. The narrative should explain how costs were calculated and how they are relevant to the completion of the proposed project.

5. Performance Measures:

The awardee will be required to provide to ONDCP quarterly progress reports on all required performance areas.

6. What an Application Must Include:

Applicants should anticipate that if they fail to submit an application that contains all the specified elements, it may negatively affect the review of their application; and, should a decision be made to make an award, it may result in the inclusion of special conditions that preclude the recipient from accessing or using award funds pending satisfaction of the conditions.

Moreover, applicants should anticipate that applications that are determined to be nonresponsive to the announcement, or that do not include the application elements that ONDCP considers to be critical, will neither proceed to peer review nor receive further consideration. The following elements are considered to be critical: Eligibility, Program Narrative, and Budget Detail Worksheet and Narrative.

ONDCP strongly recommends that applicants use appropriately descriptive file names (e.g., “Program Narrative,” “Budget Detail Worksheet,” “Budget Narrative,” “Timelines,” “resumes,” etc.).

The SF-424 is a required standard form used as a cover sheet for submission of pre-applications, applications, and related information. This funding opportunity is not subject to Executive Order 12372, Intergovernmental Review. (In completing the SF-424, applicants are to make the appropriate selection in response to question 19, indicating that the “Program is not covered by E.O. 12372.”) Each applicant is required to (i) Be registered in the System for Award Management (SAM) before submitting its application; (ii) provide a valid DUNS number in its application; and (iii) 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 ONDCP. ONDCP will not make an award until an applicant has fully complied with all applicable SAM and DUNS requirements; and if the applicant has not so fully complied by the time ONDCP is ready to make award, ONDCP may determine that the applicant is not qualified to receive the award and use that determination as a basis for making award to another applicant.

See Section G for additional information.

7. Submission Dates and Times:

Applicants must register with Grants.gov prior to submitting an application. All applications are due to be submitted, and applicants must be in receipt of a successful validation message in Grants.gov by 5:00 p.m., Eastern time, on June 10, 2021.

8. Funding Restrictions:

Cost Sharing and Match Requirements - This announcement does not require a match. However, if a successful application proposes a voluntary match amount, and ONDCP approves the budget, the total match amount incorporated into the approved budget becomes mandatory and subject to audit.

Pre-Agreement Cost Approvals - ONDCP does not typically approve pre-agreement costs; an applicant must request and obtain the prior written approval of ONDCP for all such costs. If approved, pre-agreement costs could be paid from cooperative agreement funds consistent with an awardee’s approved budget, and under applicable cost standards. However, all such costs prior to award and prior to approval of the costs are incurred at the sole risk of an applicant. Generally, no applicant should incur project costs before submitting an application requesting federal funding of these costs. Should there be extenuating circumstances that appear to be appropriate for ONDCP’s consideration as pre-agreement costs, the applicant should contact the point of contact listed in the title page of this announcement for details on the requirements for submitting a written request for approval.

9. Other Submission Requirements:

For technical assistance with submitting an application, contact Grants.gov Customer Support Hotline at (800) 518-4726 or (606) 545-5035, or via email to support@grants.gov. The Grants.gov Support Hotline hours of operation are 24 hours a day, 7 days a week, except federal holidays.

Applicants who experience unforeseen Grants.gov technical issues that prevent them from submitting their application by the deadline must submit all required application materials to jdelano@ondcp.eop.gov no later than 5:00 p.m. on June 10, 2021, via email (including a brief explanation of the technical issues which prevented application through Grants.gov) and request approval for acceptance of the separate application.

For assistance with any other requirements of this solicitation, applicants may contact Jayme Delano, Model Acts Program Manager, Office of National Drug Control Policy, by telephone at (202) 395-6794 or by email at jdelano@ondcp.eop.gov.

Also see Section G, How to Apply.

10. Limitation on Use of Award Funds for Employee Compensation; Waiver With respect for any award in excess of $250,000.00, made under this announcement, recipients may not use federal funds to pay total cash compensation (salary plus cash bonuses) to any employee of the award recipient at a rate that exceeds 110 percent of the maximum annual salary payable to a member of the federal government’s Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year (this limitation does not apply to non-profit organizations specifically named at Appendix VIII to 2 C.F.R. part 200). The salary table for SES employees is available at www.opm.gov/salary - tables. Note: A recipient may compensate an employee at a greater rate, provided the amount in excess of this compensation limitation is paid with non-federal funds. The limitation expressed herein is a budgetary limitation – that is, ONDCP will not reimburse salaries above the amount expressed.

The Director of ONDCP may exercise discretion to waive, on an individual basis, the limitation on compensation rates allowable under award. An applicant requesting a waiver should include a detailed justification in the budget narrative of the application. Unless the applicant submits a waiver request and justification with the application, the applicant should anticipate that ONDCP will request the applicant to adjust and resubmit the budget.

The justification should include the particular qualifications and expertise of the individual, the uniqueness of the service the individual will provide, the individual’s specific knowledge of the program or project being undertaken with award funds, and a statement explaining that the individual’s salary is commensurate with the regular and customary rate for an individual with his/her qualifications and expertise, and for the work to be done.

E. Application Review Information

1. Eligibility ONDCP encourages applications from non-profit organizations with expert knowledge and extensive experience in conducting research and analysis, providing technical assistance, and drafting model state illicit drug laws, policies and programs as established by 21 U.S.C. § 1703 (i) (Model Acts Program).

2. Merit Criteria The merit of each application will be based on review of the following, with regard to scores, as addressed:

A. Initial Evaluation Criteria Applications will not be further considered that fail to demonstrate the organization’s expert knowledge and extensive experience in conducting research and analysis, providing technical assistance, and drafting model state illicit drug laws and related state statutes. ONDCP may enter into negotiations to seek clarification or to discuss perceived weaknesses. ONDCP may enter into negotiation where the budget and the budget narrative fail to demonstrate price reasonableness and/or price realism.

B. Specific Selection Criteria Statement of Problem: Provide an understanding of the need to advise states on illicit drug laws, related state statutes, and policies. Describe the real and perceived need and urgency for research, data collection, and comprehensive analysis of state legislative, policy, and programs addressing illicit drug laws. Describe the challenges faced by state policymakers and the technical assistance required for model law implementation. (10 percent of 100) Program Design and Implementation: Describe the overall goals, objectives, and deliverables for ONDCP’s Model Acts Program and identify strategies for designing and implementing all deliverables described herein. Include a timeline for completing tasks and responsible entity/person. Applicants must provide a communications plan detailing dissemination of Program materials. In addition, applicants must describe mechanism for documenting type of services provided, type of recipient, result of services provided, and recipient feedback. (40 percent of 100) Capabilities and Competencies: Describe the management structure, staffing, and in-house or contracted capacity to complete each of the deliverables/projects. Illustrate the ability to manage complex programs and projects effectively. Applicants must have expert knowledge and extensive experience in conducting research and analysis, providing technical assistance, drafting model state illicit drug laws and related statutes, and successfully facilitating state enactment of the draft model laws. Applicants must understand how policies and programs effect the drafting of the model acts. Applicants must show a proven track record in working with federal agencies, governors, state legislators, attorneys general, drug professionals, community leaders, and treatment and recovery professionals. In addition, applicants must demonstrate a history of providing legislative and policy assistance to state and local officials on illicit drug laws and related statutes. Applicants must have technical communication capability to provide information and technical assistance to state and local community organizations. Applicants must demonstrate the ability to maintain, update, and disseminate large quantities of downloadable complex state tracking data and information, including complex data analysis and reports via a web-based site. Applicants should describe their relationships with law school clinics or plans for working with law school clinics to facilitate enactment of model illicit drug laws at the state level. (40 percent of 100) Budget and Budget Narrative: Provide a proposed budget and budget narrative that reconciles and is complete, reasonable and allowable, cost-effective, and necessary for project activities. ONDCP may enter into negotiations where the budget and the budget narrative fail to demonstrate price reasonableness and/or price realism. (Mandatory, therefore not specifically weighted.)

Performance Measure Data Collection: Describe the process the applicant will use to research, collect, and analyze state illicit drug laws, policies, and programs. This should include measures of adhering to timelines, meeting deliverable schedules, obtaining input from customers, and seeking feedback from stakeholders. Identify the person or group responsible for collecting and reporting the required performance measurement data. (10 percent of 100) ONDCP will review applications against the established evaluation criteria and make an award to the responsive applicant determined to offer the best value to ONDCP and the President’s National Drug Control Program.

Federal Financial Reports are required to be submitted quarterly and within 90 days after the cooperative agreement is closed out. Program income must be accounted for and reported on the Federal Financial Reports.

F. FEDERAL AWARD ADMINISTRATION INFORMATION

A notice of Federal Award, signed by the ONDCP Chief of Staff, will be issued and is the authorizing document for the successful awardee to begin performance. A formal cooperative agreement award document will follow.

G. Federal Awarding Agency Contacts How to Apply Applicants must register in, and submit applications through Grants.gov, a “one-stop storefront” to find federal funding opportunities and apply for funding. Find complete instructions on how to register and submit an application at www.Grants.gov. (More information is included in the “Contact Information” section of the title page.) Applicants who experience technical difficulties during this process should call Grants.gov Customer Support Hotline at (800) 518-4726 or (606) 545-5035, 24 hours a day, 7 days a week, except federal holidays. Registering with Grants.gov is a one-time process; however, processing delays may occur, and it can take several weeks for first-time registrants to receive confirmation and a user password. ONDCP encourages applicants to register several weeks before the application submission deadline. In addition, ONDCP urges applicants to submit applications 72 hours prior to the application due date to allow time to receive validation messages or rejection notifications from Grants.gov and to correct, in a timely fashion, any problems that may have caused a rejection notification. Further, ONDCP strongly encourages all prospective applicants to sign up for Grants.gov email notifications regarding this announcement. If this announcement is cancelled or modified, individuals who sign up with Grants.gov for updates will be automatically notified.

Contact Information For technical assistance with submitting an application, contact Grants.gov Customer Support Hotline at (800) 518-4726 or (606) 545-5035, or via email to support@grants.gov. The Grants.gov Support Hotline hours of operation are 24 hours a day, 7 days a week, except federal holidays.

Applicants who experience unforeseen Grants.gov technical issues beyond their control that prevent them from submitting their application by the deadline must submit all required application materials to jdelano@ondcp.eop.gov no later than 5:00 p.m. on June 10, 2021, via email (including a brief explanation of the technical issues which prevented application through Grants.gov) and request approval for acceptance of the separate application. For assistance with any other requirements of this solicitation, applicants may contact Jayme Delano, Model Acts Program Manager, Office of National Drug Control Policy, by telephone at (202) 395-6794 or by email at jdelano@ondcp.eop.gov.

H. Other Information Applicant Disclosure of Pending Applications: Applicants are to disclose whether they have pending applications or awards for federally-funded grants or sub-grants (including cooperative agreements) that include requests for funding to support the same or similar projects being proposed under this solicitation and will cover identical cost items outlined in the budget worksheet and narrative in the application under this announcement. The disclosure should include both direct applications for federal funding (e.g., applications to federal agencies) and indirect applications for such funding (e.g., applications to state agencies that will sub-award federal funds). ONDCP seeks this information to help avoid any inappropriate duplication of funding. Leveraging multiple funding sources in a complimentary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication.

Disclosure of Lobbying Activities: All applicants must complete this information. Applicants that expend any funds for lobbying activities are to provide the detailed information requested on the form, “Disclosure of Lobbying Activities (SF-LLL). Applicants that do not expend any funds for lobbying activities are to enter “N/A” in the text boxes for Item 10 (“a. Name and Address of Lobbying Registrant” and “b. Individuals Performing Services”).

Awardees are required to electronically submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management.