NOFO 693JJ921R000028 NLT 07152021 2PM ET.pdf

NHTSA Notice of Funding Opportunity (NOFO) No. 693JJ921R0000028 Title: Judicial Outreach Liaison and Fellows Program

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 Outreach Liaison and Fellows Program

Announcement Type Initial Announcement

NHTSA NOFO Number

693JJ921R000028

Assistance Listing Program Number (formerly CFDA)

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

Key Dates NOFO Posted Date: 06/15/2021 NOFO Questions Due Date: 06/22/2021 Application Due Date: 07/15/2021

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 Assistance Number 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

SECTION TITLE

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 Encouraging Policies to Ban Text Messages while Driving H.8 NHTSA Review of Announcements or Publications H.9 Conflict of Interest

PROGRAM SUMMARY INFORMATION

A. FEDERAL AGENCY NAME

U.S. Department of Transportation (DOT)

B. FUNDING OPPORTUNITY TITLE

Judicial Outreach Liaison and Fellows Program

C. ANNOUNCEMENT TYPE

Initial Announcement

D. FUNDING OPPORTUNITY NUMBER

693JJ921R000028

E. ASSISTANCE LISTING PROGRAM NUMBER (formerly CFDA)

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

F. KEY DATES

NOFO Posted Date: 06/15/2021 NOFO Questions Due Date: 06/22/2021 Application Due Date: 07/15/2021

MISSION

The mission of the U.S. Department of Transportation (DOT) is to “ensure America has the safest, most efficient and modern transportation system in the world, which boosts our economic productivity and global competitiveness and enhances the quality of life in communities both rural and urban.” The mission of the National Highway Traffic Safety Administration (NHTSA), an operating administration 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.

NHTSA is committed to addressing equity in traffic safety with respect to development and implementation of programs and objectives described in this NOFO consistent with Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government

SECTION A - PROGRAM DESCRIPTION

A.1 PURPOSE AND OBJECTIVE

The purpose of the Cooperative Agreement will be to improve the adjudication of impaired driving cases. To achieve this purpose, the objectives are to:

• develop evidence-based techniques and programs to enhance the abilities of hearing officers, magistrates, and judges to more effectively adjudicate impaired driving cases at the federal, state and local level;

• maintain the Judicial Fellowship program that sponsors up to two judges to develop and disseminate judicial programs and resources to State and local courts, including tribal traffic courts that strengthen judicial practices in the area of impaired driving;

• maintain the Judicial Outreach Liaison (JOL) program, which works with Regional, State, and local judicial officers to promote greater understanding and collaboration and promotes effective, evidenced based courtroom and sentencing practices, including DWI Courts and Ignition Interlock programs; and

• assess the effectiveness of the activities and overall project.

• develop traffic safety-oriented judicial education programs related to alcohol and drug impairment traffic safety issues, including a course on fair and equitable adjudication.

Performance goals and indicators of success will include expansion of the Judicial Outreach Program on both the State and Regional levels, the number of outreach events including, webinars, educational courses, technical assistance opportunities, positive evaluations from said programs, and relationship building with other judicial entities to include State Administrative Offices of the Courts, National and state judicial education entities and NHTSA regional staff.

Successfully funded past projects have included support of NHTSA's outreach to and partnerships with State judiciaries. In past efforts, entities have undertaken several initiatives:

promoted traffic safety panels at their annual and mid-year meeting; developed, promoted and taught a judicial traffic safety program on both the national and state levels; developed the Judicial Outreach Liaison (JOL) program; and developed the Judicial Fellowship program. These initiatives established communications and educational opportunities for Judges in a variety of courts on many traffic safety issues.

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(b)(2)).

A.3 ASSISTANCE LISTING NUMBER

20.614 National Highway Traffic Safety Administration (NHTSA) Discretionary Safety Grants and Cooperative Agreements

A.4 BACKGROUND

In 2019, 36,096 people died in motor vehicle traffic crashes in the United States. 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 0.08 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 to 2014, the survey found that approximately 22 percent of drivers tested positive for drugs that may impair driving.

Effective adjudication of impaired driving laws is one of several countermeasures that State and local governments employ to combat impaired driving. The judiciary has an important role in effective adjudication of impaired driving laws from pretrial intervention to post adjudication treatment. A knowledgeable judiciary is important to improve the outcomes of impaired driving cases to reduce the incidences of impaired driving. The Judicial Fellows and Judicial Outreach Liaisons (JOL) create relationships between judges with expertise in traffic cases and the judiciary handling traffic related cases. Through peer to peer education, the Fellows and JOLs will foster better understanding of the judiciary’s role in reducing impaired driving and promoting traffic safety as demonstrated by this project.

SECTION B - FEDERAL AWARD INFORMATION

B.1 AWARDING AGENCY:

Department of Transportation (DOT)

B.2 FUNDING AND TYPE OF AWARD

A total of $2,750,000.00 to fund up to one (1) discretionary Cooperative Agreement is subject to the availability funds. 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 TBD following S1 Approval.

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 CA Cooperative Agreement CO Contracting Officer CS Contract Specialist COR (AA) Contracting Officer Representative Assistant Agreement Day Unless specified otherwise, the term “day” refers to calendar day DOT Department of Transportation DWI Driving While Intoxicated JOL Judicial Outreach Liaison NHTSA National Highway Traffic Safety Administration PM Project Manager RCAM Recipient’s Cooperative Agreement Manager

RJOL Regional Judicial Outreach Liaison

SJOL State Judicial Outreach Liaison

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 the Cooperative Agreement NHTSA will:

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

Officer's Representative (COR) (AA), to provide 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 (AA);

3. Provide coordination with other government and private organizations, as applicable;

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

5. Stimulate the exchange of ideas and information among recipients of related projects through periodic meetings; and

6. Review and provide feedback on materials and planned activities produced under this Cooperative Agreement.

B. Under the Cooperative Agreement, the Recipient will agree 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. Specific Conditions for the Cooperative Agreement

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

Condition 1: Kick-off Meeting

Within one (1) month of Cooperative Agreement award, the Recipient will meet with NHTSA’s Contracting Officer (CO), 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 Cooperative Agreement; 2) the Cooperative Agreement objectives, planned course of action, schedule, milestones and deliverables; and 3) to begin finalizing the work plan for the project and the liaison selection criteria. This meeting will serve as a forum to resolve any variances between NHTSA and the Recipient’s approach.

Condition 2: Work Plan

Within two (2) weeks after completion of the kick-off meeting, the Recipient will submit the Work plan which 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 COR (AA) and other NHTSA personnel at the Kick off meeting. The plan shall serve to guide the Recipient’s project implementation.

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

Condition 3: Judicial Fellowship Program

The Recipient will support two (2) Judicial Fellows to serve as national experts on Impaired Driving, and one with a focus on Tribal Courts. The Fellows will create and disseminate judicial programs and resources to strengthen evidence-based and equitable judicial practices in the area of impaired driving. The Fellows will help manage implementation of the Recipients activities.

When necessary, the Recipient will solicit applications for the Judicial Fellows nationwide using available judicial list serves and other sources. In coordination with the COR(AA), the Recipient will create an application process, set criteria, create the application, and review applications for assurance that the applicants meet the selection criteria. The Recipient will forward applications to the COR (AA) for review. The COR(AA) will provide the Recipient feedback, for consideration, and in conjunction with the COR(AA) the Recipient will select two

(2) Fellows.

The Recipient will develop an agreement between that individual and the Recipient. The term of the agreement may be no less than one (1) year and no more than five (5). Once the Recipient selects and hires the two (2) fellows, the Recipient will set up a meeting with the COR(AA) and the Fellows in person in Washington, DC or via video conference to review the activities related to the agreement and a draft work plan for the Fellow.

The Recipient will manage travel conducted by the Fellows for outreach activities, meetings and briefings related to judicial programs in impaired driving.

Condition 4: Regional Judicial Outreach Liaison (JOL)

The Recipient will support no more than ten (10) Regional Judicial Outreach Liaisons (RJOL).

The total number of JOLs will be determined by the Recipient in cooperation with the COR (AA). Regional JOLs should coordinate between national organizations and State JOLs to provide current research, best practices, programs focused on equity and reaching underserved communities and other information on impaired driving equitable and evidence-based practices.

Regional JOLs provide resources and support to State JOLs by sharing traffic safety research, information and current trends about impaired driving.

In coordination with the COR(AA), the Recipient will create an application process, set criteria, create the application, and review applications for assurance that the applicants meet the selection criteria. The COR (AA) will provide the Recipient feedback for consideration, and in conjunction with the COR (AA), the Recipient will select new JOLs when necessary.

Once an applicant is selected, the Recipient will develop an agreement between that individual and the Recipient. The Recipient will set up a meeting with the COR (AA) and the RJOL in person in Washington, DC or via video conference to review the activities related to the agreement and a draft work plan for the JOL.

Condition 5: State Judicial Outreach Liaisons (SJOL)

The Recipient will support no more than three (3) State Judicial Outreach Liaisons (SJOLs) for a two (2) year period starting in Year 1 of the agreement. The total number of SJOLs will be determined by the Recipient in cooperation with the COR (AA). State JOLs should develop a network of contacts with judges, judicial educators, DWI Court coordinators and others to provide evidence based materials and information pertaining to impaired driving issues.

The Recipient will solicit applications and review applications to ensure the applicants meet the selection criteria. The COR (AA) will provide the Recipient feedback, for consideration, and the Recipient will select the SJOLs.

Once an applicant is selected, the Recipient will develop an agreement. The Recipient will set up a meeting with the COR (AA), the State Highway Safety Office and the SJOL in person or via phone to review the activities related to the agreement and a draft work plan for the SJOL.

The Recipient will manage and fund the travel of each SJOL for a period of two (2) years. Travel may be required for judicial programs on impaired driving.

Condition 6: Yearly Work Plans

The Recipient will submit a yearly work plan for each Fellow and each JOL thirty (30) days prior to the start of each Federal fiscal year. The work plan shall include an outline of suggested accomplishments, activities, anticipated travel and a timeline for completion of activities in the next performance year. The Recipients yearly work plan will be specific to each Fellow and

JOL.

Condition 7: Conduct Mid-year and Yearly meeting

The Recipient will plan, conduct and participate in two (2) in-person meetings yearly with the Judicial Fellows and all Judicial Outreach Liaisons to discuss progress, obstacles and potential solutions to those obstacles to meet requirements of the Cooperative Agreement. The Recipient agrees that decisions about location, agenda items and presenters will be made in consultation with the COR(AA). Additional virtual/video meetings may be held as the Recipient deems necessary.

Condition 8: Newsletter

The Recipient will create, publish and distribute a quarterly newsletter containing information on evidenced-based and equitable judicial programs and sentencing practices related to impaired driving. The Recipient will request input from JOLs and the Fellows to determine the newsletter subject matter. A draft should be provided to the COR(AA) thirty (30) days prior to the date the quarterly newsletter will be published. The COR(AA) will provide the Recipient with comments for consideration within two (2) weeks of receipt.

Condition 9: Video Conference Calls

The Recipient will host video conference calls quarterly with the Judicial Fellows, State and Regional JOL’s, COR(AA) and NHTSA representatives to discuss activities, outcomes, challenges and possible solutions.

Condition 10: Webinars

The Recipient will develop and present a minimum of three (3) webinars each year on impaired driving topics, including equity, from a judicial perspective. Presentations should be submitted to the COR (AA) forty-five (45) days prior to the webinar. Within fifteen (15) days of receipt, the COR (AA) will review the webinar and may provide any questions and/or comments to the Recipient for consideration.

The Recipient will assess each webinar. The assessment should include, but not be limited to, information on number of attendees and feedback solicited from attendees, and lessons learned.

The Recipient agrees to provide a written assessment to the COR (AA) within thirty (30) days after each webinar.

Condition 11: Interim and Final Briefings

The Recipient will participate in an interim briefing (via video conference) at the end of each performance year of the agreement and a final briefing at NHTSA Headquarters in Washington, DC prior to the end of the period of performance. The Recipient will provide the Final Briefing no later than thirty (30) days prior to the end of the period of performance of the award.

Condition 12: Develop and Conduct Courses for the Judiciary

In conjunction with the State and Regional JOLs, State Judicial Educators, the Judicial Fellows and the COR, the Recipient will develop traffic safety-oriented judicial education programs related to alcohol and drug impairment traffic safety issues, including a course on fair and equitable adjudication. The Recipient will conduct no more than ten (10) In-state Traffic Safety Seminars for judges and assess the effectiveness of these courses.

The Recipient will collaboratively work with COR (AA) to identify states to host the seminars.

The Recipient may either meet this condition by presenting a seminar at state or regional judicial meetings or similar events, or the Recipient may present a stand-alone in-state seminar, if the Recipient determines there is sufficient demand and a significant number of judges who would benefit. The Recipient will create a feedback process for these trainings and when indicated, update and/or edit content based on this feedback.

Condition 13: Assessment of the Judicial Outreach Liaison and Fellows program

The Recipient will assess the effectiveness of each activity it develops and implements, and the success of the overall project to improve the adjudication of impaired driving cases. For each activity, the assessments, at a minimum, should include a description of the activity and, if in print form (i.e. curriculum, guidance, report, etc.) a copy, participant assessments of the activity/document, results of any pre-and post-tests, the number and type of participant (i.e., judge, prosecutor, law enforcement officer, etc.). The overall process should assess the effectiveness of each activity in meeting the objectives of the program and the success of the project overall. The assessment should also include an assessment of the success of the project to improve the adjudication of impaired driving cases and the extent the project addressed equity considerations in such circumstances. The assessment may include any recommendations or lessons learned that would improve the activities or the project. The assessment should include any data that the Recipient relied upon to assess the effectiveness of the overall project and for each activity.

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, except for 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 Work plan (D) Within 2 weeks of completion of the Kick-off meeting

3 2 COR (AA) Review Work Plan (M) Within 2 weeks of receipt

4 3 Fellows Criteria and Application Review (M) On-going 5 3 Select Fellows (M) On-going 6 3 Fellows Meeting with COR (AA) (M) On-going 7 4 Select JOLs (M) On-going 8 4 JOLs Meeting with COR (AA) (M) On-going 9 5 State Judicial Outreach Liaisons (SJOL) (M) On-going 10 6 Submit Yearly Work Plans (D) 30 days prior to the start of the Fiscal Year (FY)

11 7 Conduct a yearly meeting with NHTSA, Fellows and JOL’s (M)

30 days prior to the start of the Fiscal Year (FY)

12 7 Conduct mid-year meeting with NHTSA, Fellows, RJOL’s and State JOL’s (M)

By March 30th each year

ITEM

NO.

COND

NO.

MILESTONE (M) / DELIVERABLE (D) DUE DATE

13 8 Submit and publish a quarterly newsletter (D) Provide to COR 30 days prior to due date

14 8 COR (AA) Review and provide feedback for consideration (M)

Within 2 weeks of receipt

15 9 Conduct Video conference calls with JOLs, Fellows and NHTSA representatives (M)

Bi-monthly

16 10 Present at least three (3) Webinars a year on Highway Safety topics from a judicial perspective (M)

45 days prior to the webinar & within 15 days of receipt, COR will review provide questions and comments

17 11 Interim Briefing (M) Prior to the end of each federal fiscal year

18 12 Develop and Conduct Courses for the Judiciary (D) 2 per fiscal year (at minimum)

19 13 Assessment of program (M) Within 59 months of award

20 F.3.1 Submit Quarterly Progress Report (D) 15th of each month beginning three (3) months after award

21 F.3.2 Submit Annual Report (D) Within 11 months of current year

22 11 Final Briefing at NHTSA Headquarters (M) No later than 30 days prior to the end of the period of performance

23 F.3.3 Submit Draft Final Report (D) Within 59 months of award

24 F.3.3 COR (AA) review and provide feedback for consideration (M)

Within 2 weeks of receipt

24 F.3.4 Submit Financial Reports (SF-425) (D) Annually by October 1

B.8 PLACE OF DELIVERY

All items shall be delivered electronically to the following addresses specified below:

Item No. Address

2, 10, 13, 18, 19, 20, 22, & 24

Department of Transportation National Highway Traffic Safety Administration Office of Impaired Driving 1200 New Jersey Avenue, SE, NPD-110 Washington, DC 20590 Room: TBD Attn: TBD Email Address: TBD Telephone: TBD

20 & 24

Department of Transportation National Highway Traffic Safety Administration Office of Acquisition Management

NFO-300, W53-411

1200 New Jersey Avenue, SE Washington, DC 20590 Attn: Journey Gordon Email: Journey.Gordon@dot.gov Telephone: 202-366-1344 mailto:Journey.Gordon@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 infrastructure that will allow staff time necessary to handle the day-to-day logistical needs for this project.

To be eligible for award of the Cooperative Agreement, Recipients must 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 experience running a Judicial Fellows program where Fellows provide technical assistance to judges across the nation;

• Have expertise of Federal, State, local and Tribal Courts, 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, virtual, etc. with continuing education credits offered;

• Have a membership of mostly judges and lawyers; and

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

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

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 Outreach Liaison and Fellow Program

• Opportunity Number: 693JJ921R000028

• CFDA Number: 20.614

D.2 CONTENT AND FORM OF APPLICATION SUBMISSION

Each application package must meet the following requirements:

• The application shall not exceed twenty-five (25) pages (not including resumes or appendices). The application must be in English.

• Format with a cover page that clearly identifies the Applicant’s name, NOFO number 693JJ921R000028, and date. Within, include the following sections:

o Table of Contents including page number references and method identifying major sections;

o Description/Technical Approach, Work Plan and Timeline;

o Past Project Experience and Performance; and o Qualifications of Project Personnel.

• Resumes are limited to two (2) pages each and should provide evidence of the knowledge, skill, experience, and overall qualifications of proposed personnel; include each person’s role and specific actions and responsibilities in a study or project; include dates for projects listed.

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

• Be written in electronic format (e.g., using MS Office). Use Times New Roman 12-point font, with pages that have at least one (1) inch margins.

• Adhere to the style detailed in the 7th edition, Publication Manual of the American Psychological Association (APA).

• Cost data shall 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.

mailto:NHTSAOAM@dot.gov

• 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.

• The Applicant will submit a statement and certify that it agrees to comply with the requirements in 49 CFR Part 32, subpart B.

• SFLLL: Disclosure of Lobbying Activities. 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 can be accessed by going to 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/ Subrecipient 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 NHTSA’s commitment to addressing equity in traffic safety, with respect to development and implementation of programs and consistent with Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, NHTSA encourages applicants to describe how activities in their application would address equity in traffic safety and how data related to these activities will be collected .

• 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.

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

The technical approach must be clearly written, complete, reasonable, and include a realistic timeframe for completing conditions.

Applications for this program must include the following information in the program narrative statement:

a. Factor 1: Description/Technical Approach, Work Plan and Timeline:

The Applicant shall demonstrate its understanding of the project’s overall objectives and scope of work. Within the technical proposal, the Applicant shall indicate any assumptions made in conducting the effort. This section allows the Applicant to demonstrate familiarity and expertise with the area, including issues faced when work requires the Applicant to work jointly and cooperatively with other agencies to complete the Applicant work.

This section should include the following:

• Objective – Clearly identify how the strategy advances the goals and objectives of the project;

• Project Management Plan – that includes a detailed breakdown structure that is aligned to the project’s goals and objectives; and a detailed, step-by-step approach for achieving the specific conditions in Section B.6.C. The strategy should be comprehensive, logical, and include a clear description of how:

o Each condition will be implemented and completed, o A plan for monitoring/managing quality control processes, o Where appropriate a clear marketing plan for dissemination of product(s) to appropriate target audience(s), o A risk mitigation strategy to identify risks and methods for addressing, mitigating or eliminating problems, and o Identifying necessary travel to complete the conditions, activities.

• Judicial Fellows and Liaison Selection Criteria o Provide the recommended selection plan and criteria for selecting the ten

(10) Regional Judicial Outreach Liaisons and the three (3) State Judicial Outreach Liaisons.

o Criteria for the selection of the Judicial Fellows.

• The Applicant’s plan to assess the effectiveness of each activity and the overall project.

b. Factor 2: Past Project Experience and 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. The applicant shall describe its corporate experience, past performance, and any other relevant activities similar to the effort described in this notice, including, but not limited to:

• Applicant has more than five (5) years of professional and/or corporate organizational experience related to best practices in impaired driving prevention and evidenced based judicial practices;

• Applicant’s experience providing technical support to judges on evidence-based impaired driving prevention practices;

• Identify key staff/personnel, partnerships, stakeholders, contractors, or consultants who will play a role in the implementation of the project; Experience organizing and facilitating opportunities to bring together key stakeholders within this community;

• Experience organizing and facilitating productive group/team discussions;

coordinating communication among all project members (staff/personnel, key partners, stakeholders, contractors, consultants or others) using a variety of means including in-person and electronic communication networked meetings/discussions; facilitating processes to come to consensus; and summarizing and synthesizing the results of discussions; and

• Ability to support the development and deployment of plans designed to support liaison activities.

For Past Performance, the Applicant shall provide a list of at least three (3) recent projects conducted within the past five (5) years that includes:

• Project title;

• Dates on which the project began and was completed;

• Total dollar value of the contract (if applicable);

• Sponsor;

• Project manager’s contact information (name and phone number);

• Brief synopsis of the project;

• Key deliverables, such as new personnel, reports or publications, along with the original scheduled due dates and submission date of the version of the deliverable that was approved by the sponsor; and

• The project’s relevance to the current project.

If the Applicant has previous Contracts, Cooperative Agreements or Task Orders with NHTSA, this list shall include the Applicant’s most recent projects with NHTSA. The Applicant also shall provide information regarding any contracts that were terminated for default or convenience of the Government within the past three (3) years, including an explanation of the circumstances.

In addition, the Applicant shall request past performance information from three (3) recent clients. The References should include: (1) name of agency or organization receiving the service; (2) name of reference’s point of contact, phone number, and e-mail address; (3) dates services were provided; (4) applicable contract, agreement, task order and/or grant number; (5) title, and (6) brief description of services provided. The Past Performance Questionnaire, shall be used for the three (3) recent projects. The Applicants shall instruct their references to submit the Past Performance Questionnaires to the Contract Specialist, Journey Gordon at NHTSAOAM@dot.gov.

c. Factor 3: Qualifications of Project Personnel:

The Applicant shall demonstrate experience and capacity to carry out the proposed activities outlined in the overall objectives, as well as the specific conditions described in Section B.6.C.

• Identify a Project Manager (PM) to serve as a liaison to coordinate and manage all aspects of the project;

• Demonstrate that the proposed staff has a level of experience, knowledge, and skills that ensures the ability to successfully complete the work outlined in Section B.6.C. Examples of qualifications that Applicants may use to demonstrate expertise include, but are not limited to, educational background, relevant experience on similar projects, ability to effectively communicate with members of the judiciary;

• Identify partnerships or stakeholders, contractors or consultants who shall play a role in the implementation of the project the specific subject matter expertise they bring and their responsibilities; and

• Include resumes and curricula that highlight qualifications and areas of expertise and cite work-related experience for the program manager.

• 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.

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, on July 15, 2021.

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 Journey Gordon, Contract Specialist, at NHTSAOAM@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 June 22, 2021.

D.5 FUNDING RESTRICTIONS

• Funds awarded under the Cooperative 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 cooperative agreement and cost principles in 2 CFR Parts 200 and 1201.

• NHTSA will not reimburse Applicants for Pre-Award costs.

• The Government’s obligation under the Cooperative Agreement is contingent upon the availability of appropriated funds from which payment for the Agreement purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for the Cooperative Agreement and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

• Funds awarded under the Cooperative Agreement are subject to 23 U.S.C. § 313, Buy

America, which prohibits the use of the Government’s funds to purchase steel, iron, and manufactured products, unless they are produced in the United States.

D.6 OTHER SUBMISSION REQUIREMENTS

Each application should include:

• The NHTSA NOFO Number: 693JJ921R000028.

Application Submission:

Applications must be submitted to the attention of Journey Gordon Contract Specialist, via email at NHTSAOAM@dot.gov with a copy to Journey.Gordon@dot.gov, no later than 2:00 PM Eastern Time, on July 15, 2021.

Important: 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).

mailto:Journey.Gordon@dot.gov

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 cooperative 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: Description/Technical Approach, Work Plan and

Timeline

The Applicant will be evaluated on its description/technical approach, work plan and timeline to meet the requirements and the deliverable schedule associated with the requirements. The Applicant’s technical approach, work plan and timeline will be evaluated for:

• 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.

• The criteria for selection of the Fellows and JOLs.

B. EVALUATION FACTOR 2: Past Project Experience and Performance

The Applicant will be evaluated on its ability to conduct the work required in this NOFO and its performance with similar efforts, including its corporate experience and past performance with other work similarly described in this solicitation. NHTSA will evaluate:

• The degree to which the applicant describes their technical capability and experience in managing projects;

• 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;

• For previous Recipients of 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;

• The degree to which the applicant understands the needs and unique aspects of educating 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;

• The degree to which the applicant describes their technical ability to create programs focused on equity and reaching underserved communities and providing information on impaired driving equitable and evidence-based practices.

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

• The applicant’s experience developing, delivering, and assessing 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; and

• 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

The Applicant will be evaluated on the suitability and quality of its proposed staff. The Applicant’s staffing plan is clearly described in the written proposal through the Project Management Plan and work breakdown structure and includes personnel’s resumes/curriculum vitae. The Applicant’s proposal will be evaluated on the following:

• Identifies a Project Manager (PM) to serve as a liaison to coordinate and to manage all aspects of the project;

• 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;

• The soundness of the applicant’s organization and designated areas of expertise.

• Identifies key partnerships, stakeholders, contractors, or consultants who will play a role in the implementation of the project; the specific subject matter expertise they will bring and their responsibilities;

• Includes resumes or curriculum vitae that highlight qualifications, areas of expertise, and cites work-related experience for key personnel; and

• Highlights qualifications and expertise with cited work-related experience in the following areas: project management, organizing and supporting communication and outreach efforts.

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.

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…