NOFO 693JJ922R000001 .pdf

NHTSA Notice of Funding Opportunity (NOFO) No. 693JJ922R000001

Title: Development of the Drug Evaluation and Classification 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

Development of the Drug Evaluation and Classification Program

Announcement Type

Initial Announcement

NHTSA NOFO Number

693JJ922R000001

Assistance Listing Program Number (formerly CFDA)

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

Key Dates

NOFO Posted Date: February 8, 2022

NOFO Questions Due Date: March 9, 2022

Application Due Date: April 8, 2022

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 Listing Number

A.4 Background

B FEDERAL AWARD INFORMATION

B.1 Awarding Agency

B.2 Funding and Type of Award

B.3 Type of Applications

B.4 Period of Performance

B.5 Acronyms

B.6 Statement of Responsibilities

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

B.8 Place of Delivery

C ELIGIBILITY INFORMATION

C.1 Eligible Application

C.2 Cost Sharing or Matching

D APPLICATION AND SUBMISSION INFORMATION

D.1 Address to Request Application Package

D.2 Content and Form of Application Submission

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

D.4 Submission Dates and Times

D.5 Funding Restrictions

D.6 Other Submission Requirements

E APPLICATION REVIEW INFORMATION

E.1 Criteria

E.2 Review and Selection Process

E.3 System for Award Management Review

E.4 Anticipated Announcement and Federal Award Dates

F FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices

F.2 Administrative and National Policy Requirements

F.3 Reporting

G FEDERAL AWARDING AGENCY CONTACTS

SECTION TITLE

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

H.10 Additional Information

PROGRAM SUMMARY INFORMATION

A. FEDERAL AGENCY NAME

U.S. Department of Transportation (DOT)

B. FUNDING OPPORTUNITY TITLE

Development of the Drug Evaluation and Classification Program

C. ANNOUNCEMENT TYPE

Initial Announcement

D. FUNDING OPPORTUNITY NUMBER

693JJ922R000001

E. ASSISTANCE LISTING PROGRAM NUMBER (formerly CFDA)

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

F. KEY DATES

NOFO Posted Date: February 8, 2022

NOFO Questions Due Date: March 9, 2022

Application Due Date: April 8, 2022

MISSION

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 and cooperative agreements to state and local governments, not-for-profit organizations, and other entities in support of motor vehicles and road traffic safety initiatives.

SECTION A - PROGRAM DESCRIPTION

A.1 PURPOSE AND OBJECTIVE

The purpose of this Cooperative Agreement (CA or Agreement) is to support the development and evaluation of the Drug Evaluation and Classification (DEC) Program. The purposes and objectives of this project include:

Development: The Recipient will develop and enhance the DEC Program through curricula development, science, toxicology, prosecution, research, law enforcement policies and procedures, including officer safety measures and other appropriate means.

• Training and coordinating with law enforcement officers on drug impaired driving enforcement, which includes but is not limited to the Standardized Field Sobriety

(SFST) Program, the Advanced Roadside Impaired Driving Enforcement

(ARIDE) Program and the Drug Evaluation and Classification (DEC) Program, also known as the Drug Recognition Expert (DRE) Program.

• Liaison with State Highway Safety Offices (SHSO’s), DRE State Coordinators, Traffic Safety Resource Prosecutors (TSRP’s) and other prosecutors, Forensic

Toxicologists, law enforcement executives and senior leaders, medical experts, researchers and others as appropriate to identify areas that for further development and/or improvement

Demonstration: The Recipient will test and evaluate specific program components with

SHSOs, allied organizations, law enforcement, prosecutors, toxicologists and others as it relates to the DEC Program.

Support: The Recipient will develop the DEC Program by convening a panel of subject matter experts in the application of the SFST, ARIDE and DRE Programs.

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)(C)).

A.3 ASSISTANCE LISTING NUMBER

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

A.4 BACKGROUND

In 2018, there were 10,511 fatalities involving motor vehicle drivers with a blood/breath alcohol content (BAC) of .08 or higher; this was 29 percent of the total traffic fatalities (36,560)1 for the year. An average of one alcohol-impaired-driving fatality occurred in the U.S. every 50 minutes in 2018.

Nationwide in 2009, 63 percent of fatally injured drivers were tested for the presence of drugs.

Overall, 3,952 fatally injured drivers tested positive for drug involvement in 2009. This number represents 18 percent of all fatally injured drivers.

A 2013-2014 National Roadside Survey conducted by NHTSA found that the percentage of weekend nighttime drivers with evidence of drugs in their system climbed to 20 percent from

16.3 percent in a similar 2007 NHTSA study. The number of drivers who tested positive for marijuana grew by nearly 50 percent.2 NHTSA also determined that over 22% of nighttime weekend drivers tested positive for drugs.

The Los Angeles Police Department (LAPD) originated what later became the DEC Program in the early 1970s when LAPD officers noticed that many of the individuals arrested for driving under the influence (DUI) had very low or zero breath or blood alcohol concentrations. The officers reasonably suspected that the arrestees were under the influence of drugs but lacked the knowledge and skills to support their suspicions. In response, two (2) LAPD sergeants collaborated with various medical doctors, research psychologists and other medical professionals to develop a standardized procedure for recognizing drug influence and impairment. Their efforts culminated in the development of a multi-step protocol and the first

Drug Recognition Expert (DRE) program. The LAPD formally recognized the program in 1979.

It was later renamed the Drug Evaluation and Classification Program (DECP).

As of January 1, 2022, all 50 States, the District of Columbia and Guam participate in the DECP.

Currently approximately 7300 U.S. law enforcement officers are credentialed and certified as

DRE’s under the DEC Program.

Law enforcement officers receive rigorous and comprehensive training to meet minimum requirements to be certified as a law enforcement officer. Over 650 law enforcement training academies train approximately 45,000 recruits each year.3 Graduating law enforcement officers

1 NHTSA, Traffic Safety Facts, Alcohol Impaired Driving, 2013, http://www-nrd.nhtsa.dot.gov/Pubs/812102.pdf 2 NHTSA, 2007 National Roadside Survey of Alcohol and Drug Use by Drivers, http://www.nhtsa.gov/Driving+Safety/Research+&+Evaluation/2007+National+Roadside+Survey+of+Alcohol+and

+Drug+Use+by+Drivers 3State And Local Law Enforcement Training Academies, 2013, US-DOJ Bureau of Justice Statistics, https://www.bjs.gov/index.cfm?ty=pbdetail&iid=5684 http://www-nrd.nhtsa.dot.gov/Pubs/812102.pdf are well-equipped and prepared to respond to a myriad of social and criminal situations and to take appropriate action, including the identification, investigation, arrest and prosecution of alcohol-impaired drivers. Unfortunately, they receive minimal training in the identification and processing of drug-impaired drivers.

Law enforcement agencies have developed efficiencies in maintaining an organizational structure that addresses many specific community issues. Response to homicide, narcotics, cyber-crime, traffic safety and other issues benefit from specialized units and specialized training within a law enforcement organization. The DECP is one such area where Drug Recognition

Experts (DRE) bring great value in assisting fellow officers in detecting, investigating, apprehending and prosecuting individuals who engage in the dangerous behavior of driving while under the influence of drugs other than alcohol.

The DECP is a complex national program that brings training, expertise and technical support to

Federal, State and local jurisdictions to combat drug-impaired driving. The program training includes certifying these specially trained officers as DREs and maintains records of all credentialed DREs. Rigorous standards are in place to ensure minimum requirements are met to maintain certification.

NHTSA supports continued development of the DECP and its subsidiary programs: The

Standardized Field Sobriety Testing (SFST) Program; the Advanced Roadside Impaired Driving

Enforcement (ARIDE) Program; and the Drug Recognition Expert (DRE) Program.

These knowledge and skill-based training curricula are used to meet the needs of law enforcement. The ever-changing landscape in the area of licit and illicit drug trends, especially as they relate to driver behavior, require continuous attention. Because of this, developing curricula that maintains a high level of awareness and expertise in these countermeasures is imperative to the continued use and success of these programs in the field. In addition, the proliferation of opiates and other regulated and non-regulated substances, along with the widespread legalization of cannabis have shown the potential of putting more impaired drivers on the nation’s highways.

Law enforcement will need to increase its training and countermeasures to remove this growing segment of impaired drivers from American roadways.

NHTSA seeks creative applications that will bring novel approaches to further develop and demonstrate the DEC Program.

SECTION B - FEDERAL AWARD INFORMATION

B.1 AWARDING AGENCY:

Department of Transportation (DOT)

B.2 FUNDING AND TYPE OF AWARD

A total of $4,828,305.17 is available to fund up to one (1) discretionary Cooperative

Agreement and is subject to the availability of funds. NHTSA will only accept one (1) application from each eligible applicant (see Section C.1, Eligible Applicants).

Submission of an application is not a guarantee of award. The Government’s obligations under this Cooperative Agreement are contingent upon the availability of appropriated funds from which payment for Cooperative Agreement purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available.

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 award to be July 2022.

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 (CA) Alternate Contracting Officer Representative Cooperative

Agreement

ARIDE Advanced Roadside Impaired Driving Enforcement

BAC Blood Alcohol Concentration

CA Cooperative Agreement

CO Contracting Officer

CS Contract Specialist

COR (CA) Contracting Officer’s Representative Cooperative Agreement

DOT Department of Transportation

DEC Drug Evaluation and Classification

DECP Drug Evaluation and Classification Program

DUI Driving Under the Influence

DRE Drug Recognition Expert

LAPD Los Angeles Police Department

NHTSA National Highway Traffic Safety Administration

POST Police Officer Standards and Training

RCAM Recipient’s Cooperative Agreement Manager

SFST Standardized Field Sobriety Test

SHSO State Highway Safety Office

TAP Technical Advisory Panel

TSRP Traffic Safety Resource Prosecutor

As used in this NOFO:

“COR (CA)” means “Contracting Officer’s Representative (Cooperative 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) (CA), 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 (CA);

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

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

Agreement; and

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

B. Under the Cooperative Agreement, the Recipient will:

1. Carry out the project as described in the Recipient’s project plan to meet the conditions below;

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

3. Adhere to all procedures, requirements and conditions or objectives specified in the

Cooperative Agreement unless deviations subject to 2 CFR § 200.308 are submitted to and approved by the CO;

4. For the period of performance set forth in B.4, “Period of Performance,” furnish personnel, equipment, and facilities and otherwise perform all things necessary to complete the work identified in the Recipient’s project plan that will accomplish the

Cooperative Agreement’s objective.

C. Conditions for the Cooperative Agreement

As a condition of this Cooperative Agreement, the Recipient agrees to 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 (CA), and other interested NHTSA personnel either in Washington, D.C. at NHTSA Headquarters or via teleconference to discuss: 1) the administration of the Assistance Agreement; and 2) the Cooperative Agreement (CA) objectives, planned course of action, schedule, and milestones and deliverables

Condition 2: Demonstration Project Oversight

The Recipient will demonstrate the DEC program through appropriate staffing levels. A qualified project manager shall be identified to oversee project administration. Regional project coordinators will be implemented to manage support associated with this

Agreement. The Regional Coordinators’ role will be to provide support for the development of the SFST, ARIDE and DRE Programs. This will be conducted by providing subject matter expertise, consultation and technical support to implement the demonstration portion of this project.

The Recipient will ensure all coordinators and the project manager are credentialed as qualified DREs and have significant experience as DRE and DRE Instructors. Each coordinator shall maintain his or her status as a certified DRE.

Condition 3: Develop Revised Drug Evaluation and Classification Program

Standards

The Recipient will evaluate the current International Standards for the Drug Evaluation and Classification Program (DECP). The Recipient shall consult with subject matter experts in the field and the Technical Advisory Panel (TAP) (See Condition 4 for more detail). Current standards shall be evaluated for effectiveness through feedback from appropriate stakeholders.

A current version of the standards is available at:

https://www.theiacp.org/sites/default/files/all/i-j/International%20Standards%20of%20the%20DECP%20October%202017.pdf.

The Recipient shall submit proposed Standards to the COR (CA) for review and consultation within six (6) months of award. The Technical Advisory Panel (TAP) must approve any proposed revisions to the Standards before they are incorporated and published. See Condition 4 for information regarding TAP.

As part of the Standards, the Recipient will develop a credentialing program that will identify individuals as qualified DREs after meeting the DEC Program requirements/standards. The Recipient will develop a system to maintain and archive data relative to credentialed DREs. The Recipient will consistently maintain an accurate count of all certified DRE in the United States.

Condition 4: Establish Technical Oversight/Advisory Panel

The Recipient will establish and support an oversight/advisory panel to support development and enhancement of the program. This Technical Advisory Panel (TAP) will be responsible for identifying improvements to the DEC Program and identify emerging issues in impaired driving that will impact the DEC program. The TAP will assist with vetting proposed changes to program protocol and legal, scientific and academic updates related to the DEC program. It will also develop mitigation strategies for identified challenges within the DEC Program. The Recipient shall establish the panel within six (6) months of award.

The Recipient will support the panel by appointing a Chairperson, in consultation with

NHTSA. The chair will preside over meetings and should follow Robert’s Rules of

Order or similar parliamentary procedure. The Chair will appoint professionals representing disciplines from the criminal justice system, as well as the medical and scientific communities. These appointments will be made based on an application/nomination action that ensures an equitable process. The Recipient will appoint each member on a three (3) year term, with one-third member’s terms expiring each year on December 31 to ensure continuity on the committee/panel.

Committee/panel members may serve multiple terms; however, the Recipient will rotate https://www.theiacp.org/sites/default/files/all/i-j/International%20Standards%20of%20the%20DECP%20October%202017.pdf https://www.theiacp.org/sites/default/files/all/i-j/International%20Standards%20of%20the%20DECP%20October%202017.pdf committee/panel members to ensure the promotion of fresh ideas into an equitable process.

The Recipient will ensure the Chair’s minimum qualifications will include, but not be limited to 1) A senior member of the Recipient’s leadership team or organization, 2) strong familiarity with the SFST, ARIDE and DEC Programs, and 3) the ability to conduct parliamentary procedures in accordance with the Recipient’s by-laws, rules and regulations, policies and procedures, etc. in order to build consensus and settle disputes.

The Recipient will establish standards for conflict resolution in the newly developed and revised Standards to settle any disputes. The Recipient will consult with the COR (CA) if the Chair cannot settle disputes among the committee/panel members. The Chair should report any issue deemed controversial to the chief executive of the Recipient organization. The Recipient will provide a staff-liaison to provide logistical and program support for the committee/panel.

At a minimum, the Recipient will ensure the panel shall be comprised of the following positions:

• Representative of the Recipient’s senior leadership team as Chair/Presiding

Officer (Ex-Officio),

• Representative / member of national highway safety organization,

• Police Administrator Representative

• State Highway Safety Office representatives,

• International law enforcement representative

• Medical (Drug, Pharmacology, Human Physiology, and other related matters) representative,

• Medical/Optometry representative,

• Law Enforcement Executive Administrator - Representative from a Law

Enforcement Peace Officers Standards and Training (POST) group,

• Prosecutor / TSRP representative,

• Toxicology Representative,

• Three (3) At Large DECP Program Regional Representatives, one each from

NHTSA Regions 1-4, 5-8 and 9-10,

• Recipient DECP Project/Program Manager (Ex-Officio),

• State DECP Coordinator,

• Three (3) At- large DRE Practitioners Regions (1-4, 5-7, 8-10),

• Representative from national organization which represents U.S. sheriffs,

• DRE Section Chair, and

• NHTSA representative (Ex-Officio)

The Recipient may add a panel member if the Recipient and COR (CA) agree that an additional member is required to fill experience or knowledge gaps of the TAP.

The Recipient will establish and oversee various sub-committees of TAP that address special issues that support the demonstration of the DEC Program and other identified impaired driving countermeasures. These sub-committees will advise TAP on the development and demonstration of DRE protocol, police procedures and standards, or scientific or medical activities that enhance the DEC program’s effectiveness.

The Recipient will organize two (2) TAP meetings a year for the period of performance.

The DEC Program is unique in that it requires a high level of standards be maintained.

The Recipient shall use these meetings to ensure that the program is meeting its goals.

One (1) meeting may be conducted by teleconference, Go to Meeting, webinar, Zoom, Microsoft Meetings or other electronic platform.

The Recipient will provide logistical support and coordination for the TAP meetings, which includes, but is not be limited to, selecting a meeting site, compiling and submitting a final agenda to the COR (CA) no later than one (1) month prior to the meeting, notifying panel members of the meeting for concurrence, and pre-distributing all materials related to the scheduled meeting.

Travel costs may be reimbursable subject to 2 CFR Part 200 subpart E.

Additional committee/panel meetings, in coordination with the Recipient, the Chair and the COR (CA) may be scheduled, if needed. The Recipient will provide committee/panel members at least six (6) weeks’ notice of any additional meetings, unless the meeting is deemed urgent by both parties. If possible, the Recipient will convene additional committee/panel meetings via electronic means.

The Recipient will compile minutes that include all issues discussed and recommended actions. A draft meeting minutes will be submitted to the COR (CA) for review within one (1) month after completion of the panel meeting. The COR (CA) will review and may provide comments for consideration no later than one (1) week following receipt of the minutes. A final version of the minutes will be sent to the COR (CA) no later than two (2) months following the conclusion of the meeting. The Recipient will post the minutes on the Recipient’s website.

Condition 5: Demonstrate the SFST, ARIDE and DRE Programs

The Recipient will demonstrate the SFST, ARIDE and DRE Programs at the State and local levels. The Recipient will among other things conduct the following activities to support the demonstration program:

a. The Recipient shall maintain regular communication with DRE State

Coordinators to measure the effectiveness of state programs and resolve issue to carry out this project.

b. Identify and develop sites for the demonstration of the SFST, ARIDE and DRE

Programs with State and local law enforcement.

c. Maintaining and publishing a national DECP schedule of training events.

d. Present results of the demonstration at law enforcement and traffic safety conferences or forums.

e. Develop a process to ensure DREs comply with the minimum standards for basic certification and re-certification.

f. Meeting with State-level impaired driving coordinators, to discuss and implement effective management tools that will track the certification (credentialing) and re-certification process for DRE State Coordinators.

g. Provide expertise and support to law enforcement agencies to establish and operate the demonstration program.

h. Develop DEC Program certification site protocols and identify locations for the demonstration of DRE Field Certification sites.

i. By January 10 and July 10 of each year, the Recipient will notify the COR (CA) when the number of DRE’s in any State decreases by at least ten (10) percent from the previous period. This notification should include a synopsis of why the number has dropped as well as a strategic plan to address the issue.

j. The Recipient will notify the COR (CA) immediately if information is received which potentially could have an adverse effect or affect this demonstration program.

Condition 6: Collection of data to analyze the effectiveness of the DRE program

The Recipient will support the collection of DRE data to analyze the prevalence of drug impaired driving and the effectiveness of the DRE program. This data system collects impaired driving enforcement information and serves as a collection point for

DRE Evaluations and other important information pertinent to the program. The system provides valuable demographic information which may be helpful in advancing the assurance of equity within the program. Recipient will work with the

DRE community to encourage full participation in the use of this system. Recipient program personnel should become familiar with the system operation and be proficient in queries, developing speaking points and train coordinators and end users in its operation. The Recipient can use this data to evaluate program effectiveness.

The Recipient will identify potential gaps in reporting and develop mitigation strategies to assist states in collecting more comprehensive data.

Condition 7: Develop training and guidance for Expert Testimony on DEC

Impaired Driving Enforcement Procedures, Techniques and Operations

The Recipient will collaborate with the subject matter experts to develop training and guidance to support expert witness testimony on the DEC program and its various impaired driving recognition techniques, such as the SFST Battery, Horizontal Gaze

Nystagmus Test and the DRE program.

Condition 8: Develop and Publish Interim Findings

The Recipient will publish at least two (2) articles per year on findings of the demonstration and evaluation of the DEC Program. The Recipient will ensure that any material (s) and article(s) will be sent to the COR (CA) for review at least one (1) month prior to publication.

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

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

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

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

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

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

ITEM

NO.

COND

NO.

MILESTONE (M) / DELIVERABLE (D) DUE DATE

1 1 Kick off Meeting (M) Within 1 Month of

Award

2 2 Administer DEC Program (M) Ongoing

3 3 Submit update International Standards (D) Within 6 Months of

Award

4 3 Submit Credential DRE’s (D) Ongoing

5 4 Establish Oversight/Advisory

Committee/Panel (M)

Within 6 Months of

Award

6 4 Conduct Oversight/Advisory

Committee/Panel Meetings Twice Yearly

(M)

Twice a Year

7 4 Panel Meetings Logistical Support (M) 1 Month prior to

Meeting

8 4 Submit the Meeting Agenda (D) 1 Month prior to

Meeting

9 4 Submit Notification for Additional committee/panel meetings (D)

6 Weeks prior to all committee/panel meetings

10 4 Submit draft Minutes of Meeting (D) Within 1 Month of

Completion of

Meeting

11 4 COR (CA) Review and Provide Comments for Consideration (M)

Within 1 Week of

Receipt

ITEM

NO.

COND

NO.

MILESTONE (M) / DELIVERABLE (D) DUE DATE

12 4 Submit and Post Final Minutes of Meeting

(D)

Within 2 Months of

Completion of

Meeting

13 5 Development of SFST, ARIDE and DRE

Curricula Updates and Review (M)

Ongoing

14 5 Provide Program Development to Assist

Law Enforcement Agencies, State Highway

Safety Offices, and NHTSA Headquarters and Regional Offices to Support the

Expansion, Implementation and

Maintenance of the SFST, ARIDE and DRE

Programs. (M)

Ongoing

15 5 Submit Notification of number of DREs by

State (D)

Semi Annually no later than January 10 and July 10

16 6 Provide Support for the National DRE Data

System (M)

Ongoing

17 7 Provide Support for Expert Testimony on

Impaired Driving Enforcement Procedures, Techniques and Operations (M)

Ongoing

18 8 Submit Articles for Review to NHTSA (D) At Least 1 month before Publication.

19 F.3.1 Submit Quarterly Progress Reports (D) By the 15th of the

Month Following a

Quarter

20 F.3.2 Submit Annual Report (D) No later than the 11th

Month of the

Current Fiscal Year

21 F.3.2 COR (CA) Provide Feedback and

Comments for Consideration (M)

Within 2 Weeks of

Receipt

22 F.3.3 Submit Draft Final Report (D) Within 59 Months of

Award.

23 F.3.3 COR (CA) Provide Feedback and

Comments for Consideration (M)

Within 2 Weeks of

Receipt

24 F.3.3 Submit Final Report (D) Within 60 Months of

Award

25 F.3.4 Submit Financial Status Reports (D) Annually, by

October 1 of Each

Year.

B.8 PLACE OF DELIVERY

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

Item No. Address

3, 8, 9, 10, 12, 15, 18, 19, 20, 22, 24, & 25

Department of Transportation

National Highway Traffic Safety Administration

Office of Enforcement and Justice (NPD-220)

1200 New Jersey Avenue, SE

Washington, DC 20590

Room (WXX-XXX)

Attn: TBD

Email Address: TBD

Telephone: TBD

19 & 25

Department of Transportation

National Highway Traffic Safety Administration

Office of Acquisition Management (NFO-300)

Room: W53-411

1200 New Jersey Avenue, SE

Washington, DC 20590

Attn: David Larson

Email: David.Larson@dot.gov

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

SECTION C - ELIGIBILITY INFORMATION

C.1 ELIGIBLE APPLICANTS

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

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

• Have an expert staff that understands, in great detail, the application and delivery of the Standardized Field Sobriety Test (SFST) Program, Advanced Roadside

Impaired Driving Enforcement (ARIDE) Program and the Drug Evaluation and

Classification (DEC) Program, as it relates to the Drug Recognition Expert (DRE)

Program. This would include how the programs are developed, supported and delivered to the states, including those involving instructors related to the aforementioned programs.

• Have personnel who are current, certified DRE/DRE Instructors;

• Have demonstrated experience in coordinating with State Highway Safety Offices

(SHSO), Traffic Safety Resource Prosecutors, Forensic Toxicologists and other highway safety advocates and organizations across the nation;

• Have the capacity to provide assistance to highway safety enforcement practitioners during normal work hours;

• Have expertise of Federal, State and Tribal laws as they relate to impaired driving enforcement countermeasures;

• Demonstrate the ability to facilitate consensus and support with national, state, local, and tribal law enforcement organizations.

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

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, are included in this posting.

• Keyword(s): Development of the Drug Evaluation and

Classification Program

• Opportunity Number: 693JJ922R000001

• Assistance Listing Number: 20.614

D.2 CONTENT AND FORM OF APPLICATION SUBMISSION

Each application package must include the following required documents:

• The application shall not exceed twenty (20) pages (not including resumes or appendices). The application must be in English. No cost/price data shall be included in the Technical Application.

• Format with a cover page that clearly identifies the Applicant’s name, NOFO number

693JJ922R000001 and date. Within, include the following sections:

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

o Technical Approach;

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

• Resumes are limited to two (2) pages each and provides 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.

• Be written in electronic format (e.g., using current Microsoft supported version of

Microsoft Word) 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 current Microsoft supported version of Microsoft EXCEL.

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

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

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

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

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

• The Applicant must 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 will 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/ Sub-recipient costs with similar detail, if known; and overhead. The

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. Costs must be in accordance with 2 CFR Part 200, Subpart E (Cost Principles).

• 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 requires applicants to describe how activities in their application would address equity and data.

Technical Application: The application/proposal shall fully describe the scope of the project, provide a detailed project plan that sets forth t 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:

1. Factor 1: Technical Approach:

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 describe the strategy to meet the goals and objective of the project.

• Work Plan - Clearly states the objectives and time-phased, specific, action-oriented and achievable.

• Identify risks to the project and detail strategies for mitigating or eliminating these risks.

• Clearly detail a plan for achieving the specific conditions listed. The plan should be comprehensive and logical.

• Racial Equity and Barriers to Opportunity—detail how the Recipient will address racial equity and barriers to opportunity in the implementation and delivery of the project.

2. Factor 2: Qualifications of Project Personnel

The Applicant must 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.

The Applicant’s proposal shall include the following:

• Identify a Project Manager to serve as a liaison in coordinating and managing all aspects of the program. This person should have extensive experience in the development and delivery of NHTSA Impaired Driving Programs.

• Propose key staff who will serve as regional liaisons in support of the program;

demonstrating they possess proper level of education, teaching and practical experience to carry out the project. They must be currently certified DREs.

• Demonstrate that staff in key positions have a level of experience, knowledge and skills that ensures the ability to successfully complete the work outlined in the

Conditions Section.

• Highlight qualifications and expertise in leadership, technical assistance and the resources to accomplish the milestones and deliverables of this project.

• Includes resumes or curricula vitae’s that highlight qualifications, areas of expertise, and prior work-related experience that will assist with program delivery.

3. Factor 3: Project Experience and Past Performance:

The Applicant must demonstrate its ability to conduct the work required in this NOFO and performance with similar efforts, including its corporate experience and past performance with other work similarly described in this solicitation and that require, at a minimum, the following:

• The applicant has demonstrated experience in understanding the needs and unique aspects the impaired driving issues in the U.S. and what the best countermeasures are to reduce this highway safety issue.

• Identifies key staff, partnerships, and stakeholders who will play a role in in the delivery of the program. It should include specific subject matter expertise and what support they will offer, their training and experience in similar projects, and their understanding of traffic safety, specifically impaired driving topics.

• Experience in developing, delivering, and evaluating the effectiveness of impaired driving countermeasures, particularly as they relate to drug-impaired driving.

• Experience in understanding the complex aspects of detecting, arresting and prosecuting impaired driving cases.

• Experience in understanding of the foundational principles of the Standardized

Field Sobriety Testing (SFST) Program, and the Advanced Roadside Impaired

Driving Program (ARIDE).

• Has a deep and robust understanding of the Drug Evaluation and Classification

(DEC) Program and how this program functions at all levels to include instruction, certification (credentialing), re-certification and all related standards.

• Has experience in developing and delivering both in-person and web-based adult education courses.

D.3 UNIQUE ENTITY IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT

(SAM)

Each Applicant is required to:

• Be registered in SAM before submitting its application;

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

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

NHTSA may not make a grant award to an Applicant until the Applicant has complied with all applicable DUNS and SAM requirements. If an Applicant has not fully complied with the requirements by the time NHTSA is ready to make an award, NHTSA may determine that the

Applicant is not qualified to receive an award and use that determination as a basis for making a grant award to another Applicant. NHTSA will review an Applicant’s registration status to make a responsibility determination and to ensure that the Applicant is responsible, current on all federal taxes, and is not on the list of parties excluded from federal awards.

D.4 SUBMISSION DATES AND TIMES

Application Due Date and Time:

Applications must be submitted no later than 2:00 PM ET, on April 8, 2022. 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 ET on March 9, 2022.

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 grant 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

mailto:NHTSAOAM@dot.gov

Each application should include:

• The NHTSA NOFO Number: 693JJ921R000001.

Application Submission:

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

NHTSAOAM@dot.gov and David.Larson@dot.gov, no later than 2:00 PM ET, on April 8, 2022.

SECTION E - APPLICATION REVIEW INFORMATION

E.1 CRITERIA

NHTSA will evaluate the applications using the evaluation criteria below to rate and select 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 the evaluation will not be taken into account in the application’s final rating.

Submission of an application is not a guarantee of award. NHTSA may, at its discretion, award a cooperative agreement t 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

The Applicant will be evaluated on its technical approach to meeting the requirements and the deliverable schedule associated with the requirements. The Applicant’s technical approach will be evaluated for the following:

• Objective – How the Applicant clearly identifies how the strategy advances the goals and objectives of the project;

• Project Plan – How the Applicant’s application is comprehensive, logical, and includes:

➢ a plan for monitoring/managing quality control processes,

➢ a risk mitigation strategy to identify risks and methods for addressing, mitigate or eliminate problems, and

➢ identifying necessary travel to complete the tasks, activities.

➢ the Applicant’s plan to assess the success of the project and the activities performed during the period of performance.

➢ a detailed plan to address racial equity and barriers to opportunity. For example, the Recipient may include an equity and inclusion program/plan or equity-focused policy to ensure racial equity in the overall project delivery and implementation, or submit a plan to hold meaningful public engagement on the project to ensure that underserved communities are provided a full and equitable opportunity to have meaningful engagement on the project.

B. EVALUATION FACTOR 2: 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:

• A Project Manager to serve as a liaison in coordinating and managing all aspects of the program, who has extensive experience in the development and delivery of

Impaired Driving Programs.

• Propose key staff who will serve as regional liaisons in support of the program;

demonstrating they possess proper level of education, teaching and practical experience to carry out the project.

• Demonstrate that staff in key positions have a level of experience, knowledge and skills that ensures the ability to successfully complete the work outlined in the

Conditions Section.

• Highlight qualifications and expertise in leadership, technical assistance and the resources to accomplish the milestones and deliverables of this project.

Includes resumes or curricula vitae’s that highlight qualifications, areas of expertise, and prior work-related experience that will assist with program delivery.

C. EVALUATION FACTOR 3: Project Experience and Past 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 and that requires, at a minimum, the following:

• The applicant has demonstrated experience in understanding the needs and unique aspects the impaired driving issues in the U.S. and what the best countermeasures are to reduce this highway safety issue.

• Identifies key staff, partnerships, and stakeholders who will play a role in in the delivery of the program. It should include specific subject matter expertise and what support they will offer, their training and experience in similar projects,…