oppBJA-2018-13611-cfda16.752-instructions..pdf

OMB No. 1121-0329 Approval Expires 11/30/2020

U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA) is seeking applications for the Intellectual Property Enforcement Program:

Protecting Public Health, Safety and the Economy from Counterfeit Goods and Product Piracy.

This program furthers the Department’s mission by assisting state, local and tribal jurisdictions in preventing and reducing intellectual property theft and related crime.

The Intellectual Property Enforcement Program:

Protecting Public Health, Safety, and the

Economy from Counterfeit Goods and Product Piracy

FY 2018 Competitive Grant Announcement Applications Due: June 14, 2018

Eligibility

Eligible applicants are limited to state, local, and federally recognized Indian tribal governments (as determined by the Secretary of the Interior), and municipal law enforcement agencies, to include law enforcement agencies within institutions of higher education (including tribal institutions of higher education), and prosecutors.

For the purpose of this solicitation, the following definitions shall apply:

(A) “law enforcement” shall include state, local, tribal, municipal, or campus law enforcement agencies, to include prosecutors in these jurisdictions.

(B) “intellectual property enforcement” means matters relating to the enforcement of criminal laws protecting copyrights, patents, trademarks, other forms of intellectual property (IP), and trade secrets, both in the United States and abroad, including in particular matters relating to combating counterfeit and infringing goods.

All recipients and subrecipients (including any for-profit organization) must forgo any profit or management fee.

BJA welcomes applications under which two or more entities would carry out the federal award;

however, only one entity may be the applicant. Any others must be proposed subrecipients https://www.usdoj.gov/ https://www.ojp.usdoj.gov/ https://www.bja.gov/ https://www.bja.gov/

(“subgrantees”)1. BJA will not fund separate applications from different agencies within the same jurisdiction under this solicitation (i.e., a law enforcement agency and prosecutor agency within the same jurisdiction). In these cases, BJA encourages these agencies to form task force partnerships and submit one application for the entire jurisdiction. The applicant must be the entity that would have primary responsibility for carrying out the award, including administering the funding and managing the entire project. Under this solicitation, only one application by any particular applicant entity will be considered. An entity may, however, be proposed as a subrecipient (“subgrantee”) in more than one application.

BJA may elect to fund applications submitted under this FY 2018 solicitation in future fiscal years, dependent on, among other considerations, the merit of the applications and on the availability of appropriations.

Deadline

Applicants must register with Grants.gov at https://www.grants.gov/web/grants/register.html prior to submitting an application. All applications are due by 11:59 p.m. eastern time on June 14, 2018.

To be considered timely, an application must be submitted by the application deadline using Grants.gov, and the applicant must have received a validation message from Grants.gov that indicates successful and timely submission. OJP urges applicants to submit applications at least 72 hours prior to the application due date, to allow time for the applicant to receive validation messages or rejection notifications from Grants.gov, and to correct in a timely fashion any problems that may have caused a rejection notification.

OJP encourages all applicants to read this Important Notice: Applying for Grants in Grants.gov.

For additional information, see How To Apply in Section D. Application and Submission Information.

Contact Information

For technical assistance with submitting an application, contact the Grants.gov Customer Support Hotline at 800–518–4726, 606–545–5035, at https://www.grants.gov/web/grants/support.html, or at support@grants.gov. The Grants.gov Support Hotline operates 24 hours a day, 7 days a week, except on federal holidays.

An applicant that experiences unforeseen Grants.gov technical issues beyond its control that prevent it from submitting its application by the deadline must email the contact identified below within 24 hours after the application deadline to request approval to submit its application after the deadline. Additional information on reporting technical issues appears under “Experiencing Unforeseen Grants.gov Technical Issues” in the How To Apply section.

For assistance with any unforeseen Grants.gov technical issues beyond an applicant’s control that prevent it from submitting its application by the deadline, or any other requirement of this

1 For additional information on subawards, see “Budget and Associated Documentation” under Section D.

Application and Submission Information.

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https://www.grants.gov/web/grants/register.html https://ojp.gov/funding/Apply/Grants-govInfo.htm https://www.grants.gov/web/grants/support.html mailto:support@grants.gov http:Grants.gov http:Grants.gov http:Grants.gov http:Grants.gov mailto:support@grants.gov https://www.grants.gov/web/grants/support.html http:Grants.gov http:Grants.gov http:Grants.gov http:Grants.gov http:Grants.gov https://www.grants.gov/web/grants/register.html http:Grants.gov solicitation, contact the National Criminal Justice Reference Service (NCJRS) Response Center:

toll-free at 800–851–3420; via TTY at 301–240–6310 (hearing impaired only); email grants@ncjrs.gov; fax to 301–240–5830; or web chat at https://webcontact.ncjrs.gov/ncjchat/chat.jsp. The NCJRS Response Center hours of operation are 10:00 a.m. to 6:00 p.m. eastern time, Monday through Friday, and 10:00 a.m. to 8:00 p.m.

eastern time on the solicitation close date.

Grants.gov number assigned to this solicitation: BJA-2018-13611

Release date: April 30, 2018

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Contents A. Program Description Overview Program-specific Information Objectives and Deliverables Evidence-based Programs or Practices

B. Federal Award Information Type of Award Financial Management and System of Internal Controls Budget Information Cost Sharing or Matching Requirement Pre-agreement Costs (also known as Pre-award Costs) Limitation on Use of Award Funds for Employee Compensation; Waiver Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs Costs Associated with Language Assistance (if applicable)

C. Eligibility Information D. Application and Submission Information What an Application Should Include How To Apply

E. Application Review Information Review Criteria Review Process

F. Federal Award Administration Information Federal Award Notices Administrative, National Policy, and Other Legal Requirements General Information about Post-Federal Award Reporting Requirements

G. Federal Awarding Agency Contact(s) H. Other Information Freedom of Information Act and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a) Provide Feedback to OJP Appendix A: Application Checklist

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The Intellectual Property Enforcement Program:

Protecting Public Health, Safety, and the

Economy from Counterfeit Goods and Product Piracy

CFDA #16.752

A. Program Description

Overview The Intellectual Property Enforcement Program (IPEP) is designed to provide national support and improve the capacity of state, local, and tribal criminal justice systems to address intellectual property (IP) enforcement, including prosecution, prevention, training, and technical assistance. Awards will be made to support law enforcement agencies in coordinating the objectives and activities of their IP enforcement task forces in close collaboration with the relevant state, local, tribal, and federal agencies, to include local U.S. Attorney’s Offices (USAOs).

Statutory Authority: This solicitation is being funded under the Department of Justice Appropriations Act, 2018, Public Law 115-141, 132 Stat. 348, 421.T.

Program-specific Information The threat to United States interests from IP theft has evolved. The increasing perpetration of illegal and damaging acts of IP theft not only costs the U.S. economy tens of billions of dollars per year, but it also deprives individuals of their livelihoods, and poses a public safety and health threat. Counterfeit goods traditionally were limited to luxury goods such as handbags and watches. However, with the advent of new technologies, combined with the high profits and perceived low risk from selling infringing goods, counterfeits have become increasingly more sophisticated and prevalent. Products in every industry—from food to health care products to electronics—now are being counterfeited. Counterfeit pharmaceuticals may contain a dangerous incorrect dosage of medication or harmful contaminants. Automobile parts may make vehicles unsafe, aircraft parts may fail in flight, or electrical components may catch fire.

Average consumers are incapable of determining whether the goods they purchase pose a risk or the nature of the risk.

The widespread availability of the Internet has contributed to the increasing threat. The Internet enables manufacturers to sell counterfeit products to customers around the world, and facilitates counterfeiters who wish to breach or avoid legitimate supply chains for products. The impact of the Internet is particularly noticeable in the pharmaceutical, automotive parts, and electronics industries. Offenders are creating websites that appear legitimate and deceiving consumers into purchasing counterfeit goods. Because of the anonymity of the Internet and the ability of counterfeiters to disguise the true nature of the goods they offer online, consumers are hampered in their ability to make rational choices. The Internet also has made pirated content, specifically music, movies, and software, widely and easily available.

Offenders perceive these crimes to be low risk as they believe both the likelihood of apprehension and possible penalties if prosecuted are relatively low for IP crimes. The role of criminal organizations, including organized crime and gangs, in IP theft has expanded along with the increasing sophistication of the counterfeiting business and easy access to profits.

Projects Solicited under this Grant Announcement The improved coordination of IP enforcement efforts among federal, state, and local authorities contributes to the Department’s priority of reducing crime. The Department’s efforts include aggressively investigating and prosecuting a wide range of IP crimes, with a particular focus on:

(1) public health and safety; (2) theft of trade secrets and economic espionage; and (3) large scale commercial counterfeiting and piracy.

Projects funded under this solicitation must establish and/or enhance state and/or local IP enforcement task forces that include relevant law enforcement agencies and federal agencies (to include, where appropriate, local offices of the Federal Bureau of Investigation [FBI], U.S.

Immigration and Customs Enforcement’s Homeland Security Investigation [ICE HSI], and U.S.

Attorneys). Applicants must document a plan to conduct regularly scheduled meetings of the task force members to update, discuss, and collaborate on IP investigations, prosecutions, training, and public awareness activities. These meetings must be held at least quarterly, and must be included on the time-task plan for applicant agencies. The information to be shared through these task forces must include information about targeting, investigation, analysis, and prosecution of matters involving IP crimes as it relates to violations of state and local criminal statutes. Of particular interest to BJA are proposals that are intended to address—in close coordination with federal law enforcement entities—IP theft that may be linked to organized crime, criminal gangs, and drug trafficking; IP theft in the areas of trade secrets, health, and safety; and commercial online piracy and counterfeiting.

BJA encourages applications that demonstrate a jurisdiction’s holistic commitment to the prevention of IP theft through public education and outreach, enforcement of IP criminal statutes, and prosecution of violators. In addition, law enforcement agencies that propose to conduct training, technical assistance, and outreach must also engage in IP theft enforcement efforts.

Objectives and Deliverables The specific focus of this program is to support criminal investigation, prosecution, prevention, and education as it relates to IP theft enforcement. IP task forces supported under this program will conduct proactive investigations of IP crimes, within each task force location, in coordination and collaboration with local, state, tribal, regional, and federal law enforcement agencies.

These investigations may include online investigations of products entering the local jurisdiction.

Task forces are encouraged to enhance community capacity to identify and report IP theft by conducting training, public awareness, and outreach activities.

Priority consideration will be given to applicants who include all of the following permissible activities in their project plan:

• Establish, or expand existing, IP enforcement task forces to include state, local, or tribal law enforcement entities, and to exclusively conduct investigations and forensic analyses of evidence and prosecutions in matters involving criminal laws related to IP theft. Agencies are strongly encouraged to engage in sustainability planning before proposing to create a new task force for IP theft enforcement.

• Establish, or expand existing, IP enforcement task forces to include state, local, or tribal law enforcement entities with a concentrated focus on counterfeit goods that pose a threat to human health and safety; committed by organized crime, criminal gang, and drug trafficking organizations.

• Assist state, local, and tribal IP enforcement task force member agencies in enforcing criminal laws related to IP theft, including the reimbursement of expenses incurred in performing criminal enforcement operations, such as overtime payments and storage fees for seized evidence.

• Support state, local, and tribal IP enforcement task force member agencies, in conjunction with their enforcement efforts, in reaching out to, and educating, the general public and businesses to prevent, deter, and identify criminal violations of IP laws. Agencies engaged in public education efforts should use existing public awareness materials and resources available from the National Crime Prevention Council who partnered with BJA to develop the national IP public awareness campaign. More information about national IP public awareness campaign can be found at: https://www.ncpc.org/programs/celebrate-safe-communities/resources/intellectual-property-theft/.

• Assist state, local, and tribal IP enforcement task force member agencies in acquiring and implementing technology to conduct investigations and forensic analyses of evidence in matters involving criminal laws related to IP theft.

• Ensure deconfliction2 of the participating agencies’ investigative and enforcement efforts. To this end, in addition to the coordination requirements; stated within this solicitation, agencies are encouraged to consider participating in the Regional Information Sharing Systems (RISS) “RISSafe” deconfliction system. More information on RISSafe can be found by contacting your regional RISS Center at: www.riss.net/RISSafe.

• Coordinate with federal law enforcement field offices to focus investigations on identifying the highest priority violations, the largest criminal enterprises, and instances of repeat offenders or efforts to evade law enforcement or private anti-counterfeiting efforts, with a specific focus on violent, drug, and criminal gang offenders.

• Attend training opportunities by the BJA training and technical assistance provider to improve online investigations into the “dark-web” and de-anonymizing perpetrators of IP crime.

Objectives and Deliverables are directly related to the performance measures that demonstrate the results of the work completed, as discussed in Section D. Application and Submission Information, under Program Narrative.

Evidence-based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making and program development in criminal justice, juvenile justice, and crime victim services. OJP is committed to:

2 For the purposes of this solicitation, “deconfliction” is defined as the sharing of information among law enforcement agencies about planned law enforcement events—such as raids, controlled buy operations, surveillance and warrant service actions—in order to identify and alert affected agencies and officers of potential conflicts.

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• Improving the quantity and quality of evidence OJP generates.

• Integrating evidence into program, practice, and policy decisions within OJP and the field.

• Improving the translation of evidence into practice.

OJP considers programs and practices to be evidence-based when their effectiveness has been demonstrated by causal evidence, generally obtained through one or more outcome evaluations. Causal evidence documents a relationship between an activity or intervention (including technology) and its intended outcome, including measuring the direction and size of a change, and the extent to which a change may be attributed to the activity or intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent possible, alternative explanations for the documented change. The strength of causal evidence, based on the factors described above, will influence the degree to which OJP considers a program or practice to be evidence-based.

The OJP CrimeSolutions.gov website at https://www.crimesolutions.gov is one resource that applicants may use to find information about evidence-based programs in criminal justice, juvenile justice, and crime victim services.

Information Regarding Potential Evaluation of Programs and Activities The Department of Justice has prioritized the use of evidence-based programming and deems it critical to continue to build and expand the evidence informing criminal and juvenile justice programs to reach the highest level of rigor possible. Therefore, applicants should note that the Office of Justice Programs may conduct or support an evaluation of the programs and activities funded under this solicitation. Recipients and sub-recipients will be expected to cooperate with program-related assessments or evaluation efforts, including through the collection and provision of information or data requested by OJP (or its designee) for the assessment or evaluation of any activities and/or outcomes of those activities funded under this solicitation.

The information or data requested may be in addition to any other financial or performance data already required under this program.

B. Federal Award Information

BJA expects to make up to six awards of up to $400,000 per award, with an estimated total amount awarded of up to $2,400,000. BJA expects to make awards for a 24-month period of performance, to begin on October 1, 2018.

BJA may, in certain cases, provide additional funding in future years to awards made under this solicitation, through continuation awards. In making decisions regarding continuation awards, OJP will consider, among other factors, the availability of appropriations, when the program or project was last competed, OJP’s strategic priorities, and OJP’s assessment of both the management of the award (for example, timeliness and quality of progress reports), and the progress of the work funded under the award.

All awards are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by law.

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Type of Award BJA expects to make any award under this solicitation in the form of a grant. See Administrative, National Policy, and Other Legal Requirements, under Section F. Federal Award Administration Information, for a brief discussion of important statutes, regulations, and award conditions that apply to many (or in some cases, all) OJP grants.

Financial Management and System of Internal Controls Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities3) must, as described in the Part 200 Uniform Requirements4 as set out at 2 C.F.R.

200.303:

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

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

(c) Evaluate and monitor [the recipient’s (and any subrecipient’s)] compliance with statutes, regulations, and the terms and conditions of Federal awards.

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

(e) Take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or pass-through entity designates as sensitive or [the recipient (or any subrecipient)] considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.

To help ensure that applicants understand the applicable administrative requirements and cost principles, OJP encourages prospective applicants to enroll, at no charge, in the DOJ Grants Financial Management Online Training, available at https://ojpfgm.webfirst.com/. (This training is required for all OJP award recipients.)

Also, applicants should be aware that OJP collects information from applicants on their financial management and systems of internal controls (among other information) which is used to make award decisions. Under Section D. Application and Submission Information, applicants may

3 For purposes of this solicitation, the phrase “pass-through entity” includes any recipient or subrecipient that provides a subaward ("subgrant”) to a subrecipient (subgrantee) to carry out part of the funded award or program. Additional information on proposed subawards is listed under What an Application Should Include, Section 4c of this solicitation.

4 The "Part 200 Uniform Requirements” means the DOJ regulation at 2 C.F.R Part 2800, which adopts (with certain modifications) the provisions of 2 C.F.R. Part 200.

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https://ojpfgm.webfirst.com/ access and review a questionnaire—the OJP Financial Management and System of Internal Controls Questionnaire—that OJP requires all applicants (other than an individual applying in his/her personal capacity) to download, complete, and submit as part of the application.

Budget Information

Cost Sharing or Matching Requirement This solicitation does not require a match. However, if a successful application proposes a voluntary match amount, and OJP approves the budget, the total match amount incorporated into the approved budget becomes mandatory and subject to audit.

For additional information on cost sharing and match, see the DOJ Grants Financial Guide at https://ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.3b.htm.

Pre-agreement Costs (also known as Pre-award Costs) Pre-agreement costs are costs incurred by the applicant prior to the start date of the period of performance of the federal award.

OJP does not typically approve pre-agreement costs; an applicant must request and obtain the prior written approval of OJP for all such costs. All such costs incurred prior to award and prior to approval of the costs are incurred at the sole risk of the applicant. (Generally, no applicant should incur project costs before submitting an application requesting federal funding for those costs.) Should there be extenuating circumstances that make it appropriate for OJP to consider approving pre-agreement costs, the applicant may contact the point of contact listed on the title page of this solicitation for the requirements concerning written requests for approval. If approved in advance by OJP, award funds may be used for pre-agreement costs, consistent with the recipient’s approved budget and applicable cost principles. See the section on Costs Requiring Prior Approval in the DOJ Grants Financial Guide at https://ojp.gov/financialguide/DOJ/index.htm for more information.

Limitation on Use of Award Funds for Employee Compensation; Waiver With respect to any award of more than $250,000 made under this solicitation, a recipient may not use federal funds to pay total cash compensation (salary plus cash bonuses) to any employee of the recipient at a rate that exceeds 110 percent of the maximum annual salary payable to a member of the federal government’s Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year.5 The 2018 salary table for SES employees is available on the Office of Personnel Management website at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/18Tables/exec/html/ES.aspx. Note: A recipient may compensate an employee at a greater rate, provided the amount in excess of this compensation limitation is paid with non-federal funds. (Non-federal funds used for any such additional compensation will not be considered matching funds, where match requirements apply.) If only a portion of an employee's time is charged to an OJP award, the maximum allowable compensation is equal to the percentage of time worked times the maximum salary limitation.

The Assistant Attorney General for OJP may exercise discretion to waive, on an individual basis, this limitation on compensation rates allowable under an award. An applicant that

5 OJP does not apply this limitation on the use of award funds to the nonprofit organizations listed in Appendix VIII to 2 C.F.R. Part 200.

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The justification should address, in the context of the work the individual would do under the award, the particular qualifications and expertise of the individual, the uniqueness of a service the individual will provide, the individual’s specific knowledge of the proposed program or project, and a statement that explains whether and how the individual’s salary under the award would be commensurate with the regular and customary rate for an individual with his/her qualifications and expertise, and for the work he/she would do under the award.

Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs OJP strongly encourages every applicant that proposes to use award funds for any conference-, meeting-, or training-related activity (or similar event) to review carefully—before submitting an application—the OJP and DOJ policy and guidance on approval, planning, and reporting of such events, available at https://www.ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.10a.htm. OJP policy and guidance (1) encourage minimization of conference, meeting, and training costs; (2) require prior written approval (which may affect project timelines) of most conference, meeting, and training costs for cooperative agreement recipients, as well as some conference, meeting, and training costs for grant recipients; and (3) set cost limits, which include a general prohibition of all food and beverage costs.

Costs Associated with Language Assistance (if applicable) If an applicant proposes a program or activity that would deliver services or benefits to individuals, the costs of taking reasonable steps to provide meaningful access to those services or benefits for individuals with limited English proficiency may be allowable. Reasonable steps to provide meaningful access to services or benefits may include interpretation or translation services, where appropriate.

For additional information, see the "Civil Rights Compliance" section under “Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2018 Awards ” in the OJP Funding Resource Center at https://ojp.gov/funding/index.htm.

C. Eligibility Information

For eligibility information, see title page.

For information on cost sharing or match requirements, see Section B. Federal Award Information.

D. Application and Submission Information

What an Application Should Include This section describes in detail what an application should include. An applicant should anticipate that if it fails to submit an application that contains all of the specified elements, it may

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Moreover, an applicant should anticipate that an application that OJP determines is nonresponsive to the scope of the solicitation, or that OJP determines does not include the application elements that BJA has designated to be critical, will neither proceed to peer review, nor receive further consideration. For this solicitation, BJA has designated the following application elements as critical: Program Narrative, Budget Detail Worksheet and Budget Narrative.

NOTE: OJP has combined the Budget Detail Worksheet and Budget Narrative in a single document collectively referred to as the Budget Detail Worksheet. See “Budget Information and Associated Documentation” below for more information about the Budget Detail Worksheet and where it can be accessed.

OJP strongly recommends that applicants use appropriately descriptive file names (e.g., “Program Narrative,” “Budget Detail Worksheet,” “Timelines,” “Memoranda of Understanding,” “Résumés”) for all attachments. Also, OJP recommends that applicants include résumés in a single file.

Please review the “Note on File Names and File Types” under How To Apply to be sure applications are submitted in permitted formats.

1. Information to Complete the Application for Federal Assistance (SF-424) The SF-424 is a required standard form used as a cover sheet for submission of pre-applications, applications, and related information. Grants.gov and the OJP Grants Management System (GMS) take information from the applicant’s profile to populate the fields on this form. When selecting "type of applicant," if the applicant is a for-profit entity, select "For-Profit Organization" or "Small Business" (as applicable).

To avoid processing delays, an applicant must include an accurate legal name on its SF-

424. On the SF-424, current OJP award recipients, when completing the field for “Legal Name” (box 8a), should use the same legal name that appears on the prior year award document (which is also the legal name stored in OJP’s financial system.) Also, these recipients should enter the Employer Identification Number (EIN) in box 8b exactly as it appears on the prior year award document. An applicant with a current, active award(s) must ensure that its GMS profile is current. If the profile is not current, the applicant should submit a Grant Adjustment Notice updating the information on its GMS profile prior to applying under this solicitation.

A new applicant entity should enter its official legal name in box 8a, its address in box 8d, its EIN in box 8b, and its Data Universal Numbering System (DUNS) number in box 8c of the SF-424. A new applicant entity should attach official legal documents to its application (e.g., articles of incorporation, 501(c)(3) status documentation, organizational letterhead, etc.) to confirm the legal name, address, and EIN entered into the SF-424. OJP will use the System for Award Management (SAM) to confirm the legal name and DUNS number entered in the SF-424; therefore, an applicant should ensure that the information entered in the SF-424

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matches its current registration in SAM. See the How To Apply section for more information on SAM and DUNS numbers.

Intergovernmental Review: This solicitation ("funding opportunity") is subject to Executive Order 12372. An applicant may find the names and addresses of State Single Points of Contact (SPOCs) at the following website: https://www.whitehouse.gov/wp-content/uploads/2017/11/Intergovernmental_-Review-_SPOC_01_2018_OFFM.pdf. If the state appears on the SPOC list, the applicant must contact the State SPOC to find out about, and comply with, the State’s process under E.O. 12372. In completing the SF-424, an applicant whose state appears on the SPOC list is to make the appropriate selection in response to question 19 once the applicant has complied with its State E.O. 12372 process.

(An applicant whose state does not appear on the SPOC list should answer question 19 by selecting the response that the: “Program is subject to E.O. 12372 but has not been selected by the State for review.”)

2. Project Abstract Applications should include a high quality project abstract that summarizes the proposed project in 400 words or less. Project abstracts should be:

• Written for a general public audience.

• Submitted as a separate attachment with “Project Abstract” as part of its file name.

• Single-spaced, using a standard 12-point font (such as Times New Roman) with 1-inch margins.

As a separate attachment, the project abstract will not count against the page limit for the program narrative.

3. Program Narrative The program narrative must respond to the Review Criteria in the order given. Applications are peer reviewed and scored on answers to the Review Criteria. The program narrative should be double-spaced, using standard 12-point font (Times New Roman is preferred) with 1-inch margins, and should not exceed 15 pages. Number pages “1 of 15,” “2 of 15,” etc.

If the program narrative fails to comply with these length-related restrictions, BJA may consider such noncompliance in peer review and in final award decisions.

The following sections should be included as part of the program narrative6:

a. Description of the Issue

b. Project Design and Implementation

c. Capabilities and Competencies

d. Plan for Collecting the Data Required for this Solicitation’s Performance Measures

6 For information on subawards (including the details on proposed subawards that should be included in the application), see "Budget and Associated Documentation" under Section D. Application and Submission Information.

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OJP will require each successful applicant to submit regular performance data that demonstrate the results of the work carried out under the award (see “General Information about Post-Federal Award Reporting Requirements” in Section F. Federal Award Administration Information). The performance data directly relate to the objectives and deliverables identified under "Objectives and Deliverables" in Section A. Program Description.

Applicants should visit OJP’s performance measurement page at www.ojp.gov/performance to view the specific reporting requirements for this grant program.

The application should demonstrate the applicant’s understanding of the performance data reporting requirements for this grant program and detail how the applicant will gather the required data should it receive funding.

Please note that applicants are not required to submit performance data with the application. Performance measures information is included as an alert that successful applicants will be required to submit performance data as part of the reporting requirements under an award.

Award recipients will be required to provide the relevant data by submitting quarterly performance metrics through BJA’s online Performance Measurement Tool (PMT) located at https://bjapmt.ojp.gov. Applicants should examine the performance measures at https://bjapmt.ojp.gov/help/IPEPgrid.pdf.

Note on Project Evaluations An applicant that proposes to use award funds through this solicitation to conduct project evaluations should be aware that certain project evaluations (such as systematic investigations designed to develop or contribute to generalizable knowledge) may constitute “research” for purposes of applicable DOJ human subjects protection regulations. However, project evaluations that are intended only to generate internal improvements to a program or service, or are conducted only to meet OJP’s performance measure data reporting requirements, likely do not constitute “research.” Each applicant should provide sufficient information for OJP to determine whether the particular project it proposes would either intentionally or unintentionally collect and/or use information in such a way that it meets the DOJ definition of research that appears at 28 C.F.R. Part 46 (“Protection of Human Subjects”).

“Research,” for purposes of human subjects protection for OJP-funded programs, is defined as “a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge.” 28 C.F.R. 46.102(d).

For additional information on determining whether a proposed activity would constitute research for purposes of human subjects protection, applicants should consult the decision tree in the “Research and the protection of human subjects” section of the “Requirements related to Research” webpage of the "Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2018 Awards," available through the OJP Funding Resource Center at https://ojp.gov/funding/index.htm.

Every prospective applicant whose application may propose a research or statistical component also should review the “Data Privacy and Confidentiality Requirements” section on that webpage.

BJA-2018-13611

https://www.ojp.gov/performance https://bjapmt.ojp.gov/ https://bjapmt.ojp.gov/help/IPEPgrid.pdf https://ojp.gov/funding/Explore/LegalOverview/ResearchRelatedRequirements.htm https://ojp.gov/funding/Explore/LegalOverview/ResearchRelatedRequirements.htm https://ojp.gov/funding/Explore/LegalOverview/index.htm https://ojp.gov/funding/Explore/LegalOverview/index.htm https://ojp.gov/funding/index.htm

4. Budget and Associated Documentation The Budget Detail Worksheet and the Budget Narrative are now combined in a single document collectively referred to as the Budget Detail Worksheet. The Budget Detail Worksheet is a user-friendly, fillable, Microsoft Excel-based document designed to calculate totals. Additionally, the Excel workbook contains worksheets for multiple budget years that can be completed as necessary. All applicants should use the Excel version when completing the proposed budget in an application, except in cases where the applicant does not have access to Microsoft Excel or experiences technical difficulties. If an applicant does not have access to Microsoft Excel or experiences technical difficulties with the Excel version, then the applicant should use the 508-compliant accessible Adobe Portable Document Format (PDF) version.

Both versions of the Budget Detail Worksheet can be accessed at https://ojp.gov/funding/Apply/Forms/BudgetDetailWorksheet.htm.

a. Budget Detail Worksheet The Budget Detail Worksheet should provide the detailed computation for each budget line item, listing the total cost of each and showing how it was calculated by the applicant. For example, costs for personnel should show the annual salary rate and the percentage of time devoted to the project for each employee paid with grant funds. The Budget Detail Worksheet should present a complete itemization of all proposed costs.

For questions pertaining to budget and examples of allowable and unallowable costs, see the DOJ Grants Financial Guide at https://ojp.gov/financialguide/DOJ/index.htm.

b. Budget Narrative The Budget Narrative should thoroughly and clearly describe every category of expense listed in the Budget Detail Worksheet. OJP expects proposed budgets to be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities).

An applicant should demonstrate in its budget narrative how it will maximize cost effectiveness of award expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the objectives of the project. For example, a budget narrative should detail why planned in-person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality.

The Budget Narrative should be mathematically sound and correspond clearly with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the applicant estimated and calculated all costs, and how those costs are necessary to the completion of the proposed project. The narrative may include tables for clarification purposes, but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget Narrative should describe costs by year.

c. Information on Proposed Subawards (if any), as well as on Proposed Procurement Contracts (if any) Applicants for OJP awards typically may propose to make subawards. Applicants also may propose to enter into procurement contracts under the award.

BJA-2018-13611

https://ojp.gov/funding/Apply/Forms/BudgetDetailWorksheet.htm https://ojp.gov/financialguide/DOJ/index.htm

Whether an action—for federal grants administrative purposes—is a subaward or procurement contract is a critical distinction as significantly different rules apply to subawards and procurement contracts. If a recipient enters into an agreement that is a subaward of an OJP award, specific rules apply—many of which are set by federal statutes and DOJ regulations; others by award conditions. These rules place particular responsibilities on an OJP recipient for any subawards the OJP recipient may make. The rules determine much of what the written subaward agreement itself must require or provide. The rules also determine much of what an OJP recipient must do both before and after it makes a subaward. If a recipient enters into an agreement that is a procurement contract under an OJP award, a substantially different set of federal rules applies.

OJP has developed the following guidance documents to help clarify the differences between subawards and procurement contracts under an OJP award and outline the compliance and reporting requirements for each. This information can be accessed online at https://ojp.gov/training/training.htm.

• Subawards under OJP Awards and Procurement Contracts under Awards: A Toolkit for OJP Recipients.

• Checklist to Determine Subrecipient or Contractor Classification.

• Sole Source Justification Fact Sheet and Sole Source Review Checklist.

In general, the central question is the relationship between what the third-party will do under its agreement with the recipient and what the recipient has committed (to OJP) to do under its award to further a public purpose (e.g., services the recipient will provide, products it will develop or modify, research or evaluation it will conduct). If a third party will provide some of the services the recipient has committed (to OJP) to provide, will develop or modify all or part of a product the recipient has committed (to OJP) to develop or modify, or will conduct part of the research or evaluation the recipient has committed (to OJP) to conduct, OJP will consider the agreement with the third party a subaward for purposes of federal grants administrative requirements.

This will be true even if the recipient, for internal or other non-federal purposes, labels or treats its agreement as a procurement, a contract, or a procurement contract. Neither the title nor the structure of an agreement determines whether the agreement—for purposes of federal grants administrative requirements—is a subaward or is instead a procurement contract under an award. The substance of the relationship should be given greater consideration than the form of agreement between the recipient and the outside entity.

1. Information on proposed subawards A recipient of an OJP award may not make subawards ("subgrants") unless the recipient has specific federal authorization to do so. Unless an applicable statute or DOJ regulation specifically authorizes (or requires) subawards, a recipient must have authorization from OJP before it may make a subaward.

A particular subaward may be authorized by OJP because the recipient included a sufficiently detailed description and justification of the proposed subaward in the Program Narrative, Budget Detail Worksheet, and Budget Narrative as approved by

BJA-2018-13611

http://links.govdelivery.com/track?type=click&enid=ZWFzPTEmbXNpZD0mYXVpZD0mbWFpbGluZ2lkPTIwMTcwNzE3Ljc1OTkyNjAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE3MDcxNy43NTk5MjYwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MDc5NDk3JmVtYWlsaWQ9bHVjeS5tdW5nbGVAb2pwLnVzZG9qLmdvdiZ1c2VyaWQ9bHVjeS5tdW5nbGVAb2pwLnVzZG9qLmdvdiZ0YXJnZXRpZD0mZmw9Jm12aWQ9JmV4dHJhPSYmJg==&&&100&&&https://ojp.gov/training/training.htm http://links.govdelivery.com/track?type=click&enid=ZWFzPTEmbXNpZD0mYXVpZD0mbWFpbGluZ2lkPTIwMTcwNzE3Ljc1OTkyNjAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE3MDcxNy43NTk5MjYwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MDc5NDk3JmVtYWlsaWQ9bHVjeS5tdW5nbGVAb2pwLnVzZG9qLmdvdiZ1c2VyaWQ9bHVjeS5tdW5nbGVAb2pwLnVzZG9qLmdvdiZ0YXJnZXRpZD0mZmw9Jm12aWQ9JmV4dHJhPSYmJg==&&&101&&&https://ojp.gov/training/pdfs/Subaward-Procure-Toolkit-D.pdf http://links.govdelivery.com/track?type=click&enid=ZWFzPTEmbXNpZD0mYXVpZD0mbWFpbGluZ2lkPTIwMTcwNzE3Ljc1OTkyNjAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE3MDcxNy43NTk5MjYwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MDc5NDk3JmVtYWlsaWQ9bHVjeS5tdW5nbGVAb2pwLnVzZG9qLmdvdiZ1c2VyaWQ9bHVjeS5tdW5nbGVAb2pwLnVzZG9qLmdvdiZ0YXJnZXRpZD0mZmw9Jm12aWQ9JmV4dHJhPSYmJg==&&&101&&&https://ojp.gov/training/pdfs/Subaward-Procure-Toolkit-D.pdf http://links.govdelivery.com/track?type=click&enid=ZWFzPTEmbXNpZD0mYXVpZD0mbWFpbGluZ2lkPTIwMTcwNzE3Ljc1OTkyNjAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE3MDcxNy43NTk5MjYwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MDc5NDk3JmVtYWlsaWQ9bHVjeS5tdW5nbGVAb2pwLnVzZG9qLmdvdiZ1c2VyaWQ9bHVjeS5tdW5nbGVAb2pwLnVzZG9qLmdvdiZ0YXJnZXRpZD0mZmw9Jm12aWQ9JmV4dHJhPSYmJg==&&&102&&&https://ojp.gov/training/pdfs/Subrecipient-Procure-cklist-B.pdf http://links.govdelivery.com/track?type=click&enid=ZWFzPTEmbXNpZD0mYXVpZD0mbWFpbGluZ2lkPTIwMTcwNzE3Ljc1OTkyNjAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE3MDcxNy43NTk5MjYwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MDc5NDk3JmVtYWlsaWQ9bHVjeS5tdW5nbGVAb2pwLnVzZG9qLmdvdiZ1c2VyaWQ9bHVjeS5tdW5nbGVAb2pwLnVzZG9qLmdvdiZ0YXJnZXRpZD0mZmw9Jm12aWQ9JmV4dHJhPSYmJg==&&&103&&&https://ojp.gov/training/pdfs/Sole-Source-FactSheet-C.pdf

OJP. If, however, a particular subaward is not authorized by federal statute or regulation, and is not approved by OJP, the recipient will be required, post-award, to request and obtain written authorization from OJP before it may make the subaward.

If an applicant proposes to make one or more subawards to carry out the federal award and program, the applicant should: (1) identify (if known) the proposed subrecipient(s),

(2) describe in detail what each subrecipient will do to carry out the federal award and federal program, and (3) provide a justification for the subaward(s), with details on pertinent matters such as special qualifications and areas of expertise. Pertinent information on subawards should appear not only in the Program Narrative, but also in the Budget Detail Worksheet and Budget Narrative.

2. Information on proposed procurement contracts (with specific justification for proposed noncompetitive contracts over $150,000) Unlike a recipient contemplating a subaward, a recipient of an OJP award generally does not…