oppOVW-2018-14565-cfda16.025-instructions..pdf

U.S. Department of Justice Office on Violence Against Women (OVW)

OVW Fiscal Year 2018 Grants to Tribal Governments to

Exercise Special Domestic Violence Criminal Jurisdiction

Solicitation

Release Date: on or about April 24, 2018

Eligibility

Eligible applicants are limited to: Indian tribal governments that have jurisdiction over Indian Country.

(See Eligibility Information)

Deadlines

Applications are due by 11:59 p.m. Eastern Time (E.T.) on June 7, 2018.

(See Submission Dates and Times)

Registration Information: To submit an application, all applicants must obtain a Data Universal Number System (DUNS) Number and register online with the System for Award Management (SAM) and with Grants.gov. To ensure sufficient time to complete the registration process, applicants must obtain a DUNS Number and register online with SAM and with Grants.gov immediately, but no later than, May 24, 2018.

(See Registration)

Letter of Registration: Applicants are strongly encouraged to submit a letter of registration to OVW.TribalJurisdiction@usdoj.gov by May 24, 2018. This will ensure that applicants are well-positioned to successfully submit an application by the deadline. Submitting a Letter of http://www.grants.gov/ http://www.grants.gov/ mailto:OVW.TribalJurisdiction@usdoj.gov

OMB Number – 1122-0020 Expiration Date: 12/31/2018 ii

Registration will not obligate a potential applicant to submit an application. Interested applicants who do not submit a Letter of Registration are still eligible to apply.

(See Letter of Registration)

Pre-Application Information Sessions: OVW will conduct two web-based Pre-Application Information Sessions for entities interested in submitting an application for the Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction (Tribal Jurisdiction Program). Participation in these sessions is optional. Interested applicants who do not participate are still eligible to apply.

(See Pre-Application Information Session)

Contact Information

For assistance with the requirements of this solicitation, email OVW at OVW.TribalJurisdiction@usdoj.gov. Alternatively, interested parties may call OVW at (202) 307- 6026.

Submission and Notification Information

Submission: Applications for the Tribal Jurisdiction program will be submitted through Grants.gov. For technical assistance with Grants.gov, contact the Grants.gov Customer Support Line at 1-800-518-4726.

The Grants.gov number assigned to this announcement is OVW-2018-14565.

Notification: OVW anticipates notifying all applicants of funding decisions by October 1, 2018.

iii

Contents A. Program Description

Overview

About the OVW Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction (Tribal Jurisdiction Program)

Program Scope

Purpose Areas

Mandatory Program Requirements

Activities that Compromise Victim Safety and Recovery and Undermine Offender Accountability

Out-of-Scope Activities

Unallowable Activities

B. Federal Award Information Availability of Funds

Award Period

Award Amounts

Types of Applicants

C. Eligibility Information Eligible Applicants

Eligible Entities

Cost Sharing or Match Requirement

Limit on Number of Applications

D. Application and Submission Information Address to Request Application Package

Pre-Application Information Session

Content and Form of Application Submission

Letter of Registration

Application Contents

Formatting and Technical Requirements

Application Requirements

Summary Data Sheet Proposal Abstract (not scored)

Project Narrative

Budget Detail Worksheet and Narrative iv

Memorandum of Understanding (MOU)/Internal Memorandum of Understanding (IMOU) ...12

Tribal Resolution or Other Document(s) Demonstrating Authority to Apply (5 Points)

Additional Required Information

Unique Entity Identifier (DUNS Number) and System for Award Management (SAM)

Submission Dates and Times

OVW Policy on Duplicate Applications

OVW Policy on Late Submissions

Intergovernmental Review - Single Point of Contact Review

Funding Restrictions

Other Submission Requirements

E. Application Review Information Criteria

Review and Selection Process

Anticipated Announcement and Federal Award Dates

F. Federal Award Administration Information Federal Award Notices

Administrative and National Policy Requirements

Reporting

G. Federal Awarding Agency Contact(s) H. Other Information

Application Checklist

APPENDIX A

Budget Guidance & Sample Budget Detail Worksheet

APPENDIX B

Sample Letter of Registration

APPENDIX C

Sample Memorandum of Understanding (MOU) / Internal Memorandum of Understanding

(IMOU)

APPENDIX D

Summary of Current and Recent OVW Projects

APPENDIX E

Summary of Current and Pending Non-OVW Grants to Do the Same or Similar Work

APPENDIX F

SDVCJ Questionnaire

OVW Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction

(CFDA# 16.025)

A. Program Description Overview The Office on Violence Against Women (OVW) is a component of the United States Department of Justice (DOJ). Created in 1995, OVW implements the Violence Against Women Act (VAWA) and subsequent legislation and provides national leadership on issues of sexual assault, domestic violence, dating violence, and stalking. Since its inception, OVW has supported a multifaceted approach to responding to these crimes through implementation of grant programs authorized by VAWA. By forging state, local, and tribal partnerships among police, prosecutors, judges, victim advocates, health care providers, faith leaders, organizations that serve culturally specific and underserved communities, and others, OVW grants help provide victims, across their life span, with the protection and services they need to pursue safe and healthy lives, while improving communities’ capacity to provide justice for victims and hold offenders accountable.

About the OVW Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction (Tribal Jurisdiction Program) This program is authorized by the Indian Civil Rights Act of 1968, as amended, 25 U.S.C. § 1304(f).

The Violence Against Women Reauthorization Act of 2013 (VAWA 2013) included a provision recognizing the authority of participating tribes to exercise “special domestic violence criminal jurisdiction” (SDVCJ) over certain defendants, regardless of their Indian or non-Indian status, who commit crimes of domestic violence or dating violence or violate certain protection orders in Indian Country. The Act also specified the rights that a participating tribe must provide to defendants in SDVCJ cases.

The Tribal Jurisdiction Program is designed to assist Indian tribes in exercising SDVCJ.

Through this grant program, Indian tribes receive support and technical assistance for planning, developing, and implementing changes in their criminal justice systems necessary to exercise SDVCJ. The program encourages collaborations among tribal leadership, tribal courts, tribal prosecutors, tribal attorneys, tribal defenders, law enforcement, probation, service providers, and other partners to ensure that non-Indians who commit crimes of domestic violence, dating violence, and violations of protection orders are held accountable. The Tribal Jurisdiction Program encourages the coordinated involvement of the entire tribal criminal justice system and victim service providers to incorporate systemic change that ensures victim safety and offender accountability.

Program Scope Activities supported by the Tribal Jurisdiction Program are determined by statute, federal regulations, and OVW policies. If an applicant receives an award, the funded project is bound by the provisions of this solicitation, the DOJ Financial Guide, including updates to the guide after an award is made, the section of the Solicitation Companion Guide entitled “Post-Award Requirements for All Federal Grant Recipients,” and the conditions of the award.

https://www.justice.gov/ovw/file/1030311/download https://www.justice.gov/ovw/page/file/1007726/download#Solicitation

Purpose Areas In FY 2018, funds under the Tribal Jurisdiction Program may be used for the following statutory purposes:

1. to strengthen tribal criminal justice systems to assist Indian tribes in exercising SDVCJ, including:

A. law enforcement (including the capacity of law enforcement or court personnel to enter information into and obtain information from national crime information databases);

B. prosecution;

C. trial and appellate courts;

D. probation systems;

E. detention and correctional facilities;

F. alternative rehabilitation centers;

G. culturally appropriate services and assistance for victims and their families; and H. criminal codes and rules of criminal procedure, appellate procedure, and evidence;

2. to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe1 prosecutes a crime of domestic violence or dating violence or a criminal violation of a protection order;

3. to ensure that, in criminal proceedings in which a participating tribe exercises SDVCJ, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and

4. to accord victims of domestic violence, dating violence, and violations of protection orders rights that are similar to the rights of a crime victim described in section 3771(a) of Title 18, consistent with tribal law and custom.

Mandatory Program Requirements Applicants that receive funding under the Tribal Jurisdiction Program will be required to engage in the following activities:

Inter-tribal Technical Assistance Working Group (ITWG) on SDVCJ Participation The ITWG is a working group of tribal representatives who exchange views, information, and advice about how tribes may best exercise SDVCJ and address responses to domestic violence, dating violence and violations of protection orders. Applicants need not be current members but will be expected to join and participate in the ITWG if they receive an award.

Prior Submission of Documentation Related to Exercise of Special Domestic Violence Criminal Jurisdiction Grantees must submit documentation to OVW that demonstrates their readiness to exercise SDVCJ before using grant funds to support the prosecution, conviction, and incarceration of non-Indian offenders. Unless a grantee has already been designated as

1The term “participating tribe” means an Indian tribe that elects to exercise SDVCJ over the Indian Country of that tribe.

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partII-chap237-sec3771.pdf https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partII-chap237-sec3771.pdf a Pilot Project tribe by the Department of Justice, OVW will require grantees to submit the questionnaire as outlined in Appendix F.

Activities that Compromise Victim Safety and Recovery and Undermine Offender Accountability The following activities have been found to jeopardize victim safety, deter or prevent physical or emotional healing for victims, or allow offenders to escape responsibility for their actions:

1. Procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or gender of their children;2

2. Procedures or policies that compromise the confidentiality of information and/or privacy of persons receiving OVW-funded services;

3. Procedures or policies that require victims to take certain actions (e.g., seek an order of protection, receive counseling, participate in couples counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.) in order to receive services;

4. Procedures or policies that fail to include conducting safety planning with victims;

5. Project designs and budgets that fail to account for the access needs of individuals with disabilities, with limited English proficiency, or who are Deaf or hard of hearing;

6. The use of pre-trial diversion programs without prior OVW review and approval of the program or the automatic placement of offenders in such program;

7. Couples counseling, family counseling, or any other manner or joint victim-offender counseling as a routine or required response to sexual assault, domestic violence, dating violence, or stalking;

8. Offering or ordering anger management programs for offenders as a substitute for batterer’s intervention programs;

9. Relying on batterer intervention programs that do not use court monitoring to hold batterers accountable for their behavior;

10. Issuance of mutual restraining orders of protection except in cases where both parties file a claim and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense;

11. Requiring that victims bear the costs associated with: (1) the prosecution of any misdemeanor or felony domestic violence, dating violence, sexual assault, or stalking offense; (2) the filing, issuance, registration, modification, enforcement, dismissal, or service of a protection order, or a petition for a protection order, to protect a victim of sexual assault, domestic violence, dating violence, or stalking; (3) the filing of criminal charges against the offender; or (4) the filing, issuance, registration, modification, enforcement, dismissal or service of a warrant, protection order, petition for a protection order, or witness subpoena; and

12. Policies or practices that discourage accepting cases when victims do not have physical evidence.

2If an award is made, the recipient will also be subject to statutory prohibitions on discrimination. For further information on these civil rights requirements, see the section " Violence Against Women Act Non-Discrimination Provision” under “F. Federal Award Administration Information.”

This list is not exhaustive. Applications that propose any activities that compromise victim safety and recovery or undermine offender accountability may receive a deduction in points during the review process or may be eliminated from consideration entirely.

Out-of-Scope Activities The activities listed below are out of the program scope and they will not be supported by Tribal Jurisdiction Program funding.

1. Research projects (This does not include program assessments conducted only for internal improvement purposes. For information about DOJ regulations on research involving human subjects, see “Research and Protection of Human Subjects” in the Solicitation Companion Guide).

2. Prosecuting cases of sexual assault that do not involve spouses, intimate partners, or dating partners.

3. Prosecuting cases that do not involve domestic violence, dating violence, and/or violations of a protection order.

4. Purchase or lease of vehicles.

Applications that propose activities that are deemed to be substantially out-of-scope may receive a deduction in points during the review process or may be eliminated from consideration entirely.

Unallowable Activities OVW has determined the activities listed below to be unallowable, and they will not be supported by Tribal Jurisdiction Program funding.

1. Lobbying, except with explicit statutory authorization;

2. Fundraising;

3. Purchase of real property;

4. Physical modifications to buildings, including minor renovations (such as painting or carpeting); and

5. Construction.

Applicants that propose unallowable activities may receive a deduction in points during the review process or may be eliminated from consideration entirely.

An application that is deemed deficient in more than one of the aforementioned categories (activities that compromise victim safety, out-of-scope activities, unallowable activities) may not be considered for funding.

B. Federal Award Information Availability of Funds All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. There is no guarantee that funds will be available in the future. Therefore, OVW encourages applicants to develop a plan to sustain project activities if federal funding through this program ceases to be available. Also, OVW may elect to make awards in a future fiscal year for applications submitted under this solicitation but not selected for FY 2018 funding, depending on the merits of the applications and on the availability of funding.

Award Period OVW has the discretion to make awards for greater or lesser lengths of time and will negotiate any project activity modifications needed as a result of changes to the estimated award period.

Initial awards under the Tribal Jurisdiction Program are for 36 months. With acceptable performance, grantees will be eligible for non-competitive supplemental funding for an additional 24 months (a total award period of up to 5 years). Budgets submitted with this application must reflect 36 months of project activity, and the total “estimated funding” on the SF-424 must reflect 36 months. Generally, the award period will start on October 1, 2018.

Award Amounts Applicants should not exceed the award amounts listed in this solicitation and should carefully consider the resources needed to successfully implement the proposed project.

Awards under the Tribal Jurisdiction Program for FY 2018 will be made for up to $450,000 for the entire 36 months. The award minimum for the Tribal Jurisdiction Program is $300,000.

OVW has the discretion to award grants for greater or lesser amounts than requested and to negotiate the scope of work and budget with applicants prior to awarding a grant.

The Tribal Jurisdiction Program typically makes awards in the range of $300,000 - $450,000.

OVW estimates that it will make up to 10 awards for an estimated $3,500,000.

Awards will be made as cooperative agreements. Cooperative agreements are a form of award when OVW expects to have ongoing substantial involvement in award activities. For this program, the substantial involvement includes review of relevant legal documentation prior to approval to use grant funds to exercise SDVCJ. See Appendix F.

Types of Applicants In FY 2018, OVW will accept applications for the Tribal Jurisdiction Program from the following:

New: applicants that have never received funding under the Tribal Jurisdiction Program;

Continuation: applicants that have an existing award under the Tribal Jurisdiction Program.

Continuation funding is not guaranteed. Applicants that received funding for 24 months in FY 2016, are eligible to apply for an additional 36 months of funding non-competitively.

Continuation applicants with a substantial amount of funds remaining, without adequate justification, may not be considered for funding in FY 2018. If the applicant has 50% or more of funds remaining in the existing award, as of March 31, 2018, it is not eligible for FY 2018 funding through this program.

Tribal Jurisdiction grant recipients that received a 36-month award in FY 2016 or FY 2017 award are NOT eligible to apply.

C. Eligibility Information Eligible Applicants It is very important that applicants review this information carefully. Applications that are submitted by ineligible entities or that do not meet all program eligibility requirements will not be considered for funding.

Eligible Entities Indian tribal governments that have jurisdiction over Indian Country “Indian tribal government” means a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

Under 18 U.S.C. § 1151, the term “Indian Country,” means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

OVW anticipates making awards to tribes that are at various stages of preparedness with regard to exercising SDVCJ.

Cost Sharing or Match Requirement This program has no match or cost sharing requirement.

Limit on Number of Applications OVW will consider only one application per organization in response to this solicitation. If an applicant submits multiple versions of the same application, OVW will review only the most recent system-validated version submitted before the deadline.

D. Application and Submission Information Address to Request Application Package The complete application package is available on Grants.gov or at the OVW website. Applicants wishing to request a paper copy of the application materials should contact OVW.TribalJurisdiction@usdoj.gov.

Pre-Application Information Session OVW will conduct a pre-application information session for entities interested in submitting an application for the Tribal Jurisdiction Program. Participation in the session is optional. Interested applicants who do not participate are still eligible to apply. During the session, OVW staff will review the Tribal Jurisdiction Program requirements, review the solicitation, and allow for a brief question and answer period. The session is tentatively scheduled for:

Tuesday, May 8, 2018, 1:00 p.m. E.T.

Anyone interested in submitting an application to the Tribal Jurisdiction Program may register to participate in the pre-application information session. The total number of participants for the session may be limited. Registration is on a first-come-first-served basis, and space is not guaranteed. Interested participants from the same agency/jurisdiction are strongly encouraged to participate together so that as many interested applicants as possible can join. OVW reserves http://www.grants.gov/ https://www.justice.gov/ovw/open-solicitations the right to deny multiple registrations from a single agency/jurisdiction.

To register, contact the Tribal Jurisdiction Program at OVW.TribalJurisdiction@usdoj.gov or at

(202) 307-6026. Please state in the subject line “pre-application information session.”

Registration must be received at least one day prior to the start of the session. Participants are not registered until they receive a confirmation email. Interested applicants needing language assistance should contact the Tribal Jurisdiction Program at OVW.TribalJurisdiction@usdoj.gov or at (202) 307-6026 as soon as possible, but no later than four weeks prior to the application deadline.

Content and Form of Application Submission The information below (“Letter of Registration” through “Additional Required Information”) describes the full content and form of application submission.

Letter of Registration Applicants intending to apply for FY 2018 funding under this program are strongly encouraged to submit a letter of registration. The letter should state that the applying organization is registered and current with SAM and with Grants.gov. The letter should be submitted to OVW at OVW.TribalJurisdiction@usdoj.gov by May 24, 2018. This will ensure that the applicant is well-positioned to successfully submit a proposal by the application deadline. This letter will not obligate the applicant to submit an application. See Appendix B for a sample Letter of Registration.

Application Contents This section describes what is included in a complete application package. Applicants should anticipate that failure to submit an application that contains all of the specified elements will negatively affect the review of the application and may result in the application not being considered for funding. Should a decision be made to make an award, the award may include special conditions that preclude access to or use of award funds pending satisfaction of the conditions. It is the responsibility of the applicant to ensure that a complete application is submitted by the deadline.

Applicants should not submit documents that were not specifically asked for in the solicitation.

Providing information that was not requested will not increase the likelihood that an application will be selected for funding. All materials submitted as part of an application may be released pursuant to a request under the Freedom of Information Act.

Formatting and Technical Requirements Applications must follow the requirements below. Points may be deducted for applications that do not adhere to the following requirements:

1. Double spaced (Project Abstract, Summary Data Sheet and charts may be single space)

2. 8½ x 11 inch paper

3. One-inch margins

4. Type no smaller than 12 point, Times New Roman font

5. Page numbers

6. No more than 20 pages for the Project Narrative

7. Word documents in the following formats: Microsoft Word (.doc), PDF files (.pdf), or Text

Documents (.txt).

mailto:OVW.TribalJurisdiction@usdoj.gov mailto:OVW.TribalJurisdiction@usdoj.gov https://uscontractorregistration.com/

8. Headings and sub-headings that correspond to the sections identified in this section of the solicitation.

Application Requirements Applications must include the following required documents and demonstrate that the program eligibility requirements have been met. Applications that do not address all of the following components will be considered substantially incomplete and will not be considered for funding:

1. Project Narrative

2. Budget Detail Worksheet and Narrative

3. Memorandum of Understanding or Internal Memorandum of Understanding, as applicable

4. Tribal Resolution or Other Document(s) Demonstrating Authority to Apply

In addition to the application being scored on the documents listed above, the Summary Data Sheet will also be scored.

Summary Data Sheet (5 Points Total) The Summary Data Sheet should be one to four pages in length and may be single or double spaced. The Summary Data Sheet does not count toward the 20 page limit for the Project Narrative. Provide the following information:

1. Name, title, address, phone number, and e-mail address of the individual with authority to accept grants on behalf of the applicant.

2. Name, title, address, phone number, and e-mail address for the grant point-of-contact.

This person must be an employee of the applicant.

3. Statement as to whether the applicant (i.e., the organization whose DUNS number is being used for the application) will serve as a fiscal agent/sponsor for an entity or entities that will ultimately implement the project, and that the applicant itself will not be involved with implementation of the project beyond issuing a subaward or subawards to other entities. If this is the case, the applicant must include a statement acknowledging that, should an award be made, the applicant will be responsible for all applicable statutory, fiscal, and programmatic requirements, including those of 2 CFR Part 200, as well as all project deliverables. The applicant must also list all of the entities with which it will enter into agreements to implement the project, and should include a description of how these entities intend to accomplish the purposes of the award (if such a description is not already provided in a Memorandum of Understanding submitted as part of the application). Note that, in such situations, the fiscal agent/sponsor must be an eligible applicant for the program.

4. Statement as to whether the applicant has expended $750,000 in federal funds in the applicant’s past fiscal year. If so, specify the end date of the applicant’s fiscal year.

5. Summary of current and recent OVW projects (if applicable). If the applicant has a current grant or cooperative agreement under any OVW grant program or an award that has been closed within the last 12 months from the date this solicitation closes, the information must be provided in a table using the format found in Appendix D. Failure to provide the required table will result in a loss of points.

6. A list of other federal grant programs from which the applicant currently receives funding or for which it has applied for funding in FY 2018 to do similar work. Provide this information in a table using the format found in Appendix E.

7. Statement as to whether the applicant was designated a Pilot Project Tribe by the Department of Justice.

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl

8. Statement as to whether the applicant has already implemented SDVCJ in its jurisdiction. If so, provide the date of implementation.

9. List all purpose areas that applicant’s project will implement (see Purpose Areas).

Proposal Abstract (not scored) The Proposal Abstract should provide a short and accurate summary (no more than two pages double-spaced) of the proposed project, including who will be involved with the proposed project, what will be done as primary activities, what products will be produced, the service area where the proposed project will take place and who will be impacted by the proposed project.

Applicants should not summarize past accomplishments in this section.

Project Narrative (65 Points Total) The Project Narrative may not exceed 20 pages in length, double-spaced. The Project Narrative must include the following three sections: 1) Project Description; 2) Project Timeline; and 3) Who Will Implement.

Project Description (55 points) The Project Description consists of three sections – The Tribal Community, The Criminal Justice System, and What Will Be Done. This section must provide detailed descriptions for the elements below.

1) The Tribal Community:

• The geographic area subject to the tribe’s jurisdiction;

• The demographic profile of the community to be served (e.g., tribal and non-tribal residents, poverty rate, workforce profile), including individuals with disabilities, individuals who are Deaf or hard of hearing, and persons with limited English proficiency, as data is available for the tribal jurisdiction. Applicants should reference the data source used to obtain this information and may include sources such as:

U.S. Census, other government data sources, and the Limited English Proficient Mapping Tool, available at www.lep.gov/maps/;

• The community’s strengths, resources, challenges, and needs;

• The tribe’s commitment to the successful implementation of the proposed project;

and

• Availability of services for victims of domestic and dating violence and how the proposed project will enhance victim safety and autonomy.

2) The Criminal Justice System:

• Describe the tribe’s existing criminal justice system in the context of readiness to exercise SDVCJ while protecting defendants’ rights, consistent with 25 U.S.C. § 1304. This section must address each of the following elements of the tribe’s criminal justice system:

o Tribal Constitution (including whether any amendments are necessary);

o Tribal Law and Order Code (including whether current domestic violence and protection order violation offenses need to be amended);

o Law Enforcement Services (including whether these services are provided under 638 self-determination contract, cross-deputization agreement, through the Bureau of Indian Affairs, Office of Justice Services, etc.);

o Tribal Prosecution (including whether the tribe has any Special Assistant U.S.

Attorneys (“SAUSAs”), experienced or specialized domestic violence prosecutors, etc.);

http://www.lep.gov/maps/ o Tribal Court processes and practices (including whether the tribe has a trial and an appellate court, domestic violence court or docket, publicly available laws and rules, judges who are licensed attorneys with sufficient training to preside over criminal proceedings, a jury pool that does not exclude non-members of the tribe and non-Indians, and availability of records of criminal proceedings);

o Availability of counsel for indigent defendants (including whether the tribe uses a public defender system, contract system, or assigned counsel system) and how defendants are screened for indigence;

o Role of victim advocacy within the criminal justice system; and o Pre-trial supervision and probation systems.

Further, this section must describe:

• The tribe’s recent history, following the 2010 enactment of Tribal Law and Order Act, 25 U.S.C. § 1302(b)-(c), of imposing total terms of imprisonment of more than one year;

• The tribe’s formal or informal policies for coordinating with federal and/or state criminal investigators and prosecutors in cases where the tribe may have concurrent criminal jurisdiction;

• The tribe’s needs for training, technical assistance, data collection, and evaluation of the tribe’s criminal justice system; and

• The following information for the last three years, as available for the jurisdiction:

o number of domestic violence incidents reported to law enforcement;

o number of domestic violence cases referred to the prosecutor’s office;

o number of domestic violence cases accepted for prosecution;

o number of cases declined for prosecution;

o number of domestic violence incidents involving non-Indian offenders; and o any relevant data regarding issuance and enforcement of protection orders, including whether respondents were non-Indians.

3) What Will Be Done:

This section of the project description must provide a clear link between the proposed project activities and the gaps/needs identified in the tribe’s criminal justice system above. For this section, describe the activities the tribe will undertake to plan, prepare for, and/or implement laws, policies, procedures, practices and systems to exercise SDVCJ, including what the funding will be used for in terms of staffing, technology, and other resources:

• Clearly describe the goals and objectives, as well as the specific tasks and activities necessary to accomplish the goals and objectives of the proposed project;

• Describe the tribe’s plan for data collection;

• If applicable, detail the tangible products to be purchased, developed, or revised with grant funds (e.g., data collection systems, audio recording systems, brochures, curricula). Describe how the tangible products will enhance and/or enable the tribe’s ability to exercise SDVCJ;

• If applicants are proposing to use any technology (including, but not limited to, security systems, audio recording systems, GPS, computer systems, or hotlines), they must explain how they plan to address any victim safety concerns that may arise from the use of the technology, such as confidentiality, safety planning, and informed consent. Security systems, recording systems, or other technology that requires any construction or renovation for installation are unallowable.

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title25/pdf/USCODE-2011-title25-chap15-subchapI-sec1302.pdf https://www.gpo.gov/fdsys/pkg/USCODE-2011-title25/pdf/USCODE-2011-title25-chap15-subchapI-sec1302.pdf

Who Will Implement the Project (5 points) This section must:

• Provide information about the experience and expertise of the key personnel and MOU/IMOU partners (e.g., judges, prosecutors, defenders, tribal attorneys/general counsel, law enforcement, and victim advocates) who will be directly involved with the proposed project. Resumes or position descriptions should be included with the application;

• Demonstrate that the victim service provider partnership required by the solicitation has been met by detailing the history this partner has had working with the tribe’s criminal justice system. Describe how this relationship may be enhanced by this project.

Project Timeline (5 Points) The applicant must include a timeline or milestone chart encompassing the entire grant project period that indicates objectives and major tasks, assigns responsibility for each, and plots completion of each task by year and then by month or quarter for the duration of the award, for example, “Year 1,” “Month 1,” “Quarter 1.”

Sample Project Timeline:

GOAL OBJECTIVES TIMEFRAME TASKS &

ACTIVITES

OUTCOMES RESPONSIBLE

PERSON

Revise jury selection system

Ensure the processes meet the

SDVCJ

requirements

Q1 December

• Form a review team

• Identify data source for juror names and addresses

• Amend jury selection handbook

Jury selection approved to exercise

SDVCJ

Mr. Code

Establish an indigent defense program

Provide for the rights of indigent defendants

Q2 February

• Assess need for attorneys for indigent defendants

• Decide whether to hire or contract defense services

Indigent defense program approved

Sandy Lawful

Budget Detail Worksheet and Narrative (15 Points) All applications must include a detailed budget and budget narrative. A sample Budget Detail Worksheet is available in Appendix A. When preparing the Budget Detail Worksheet and Narrative, use the Sample Budget Detail Worksheet as a guide and be sure to include all necessary budget categories as outlined in the Worksheet. Also, keep in mind that budgetary requirements vary slightly among programs. Applicants must read the solicitation closely to determine the requirements of the budget and budget narrative for each OVW program.

Additionally, the budget must adhere to the guidelines contained in the DOJ Financial Guide.

Award Period and Amount The grant award period is 36 months. Budgets must reflect 36 months of project activity, and the total “estimated funding” on the SF-424 must reflect 36 months. Generally, the award period will start on October 1, 2018.

Budget Requirements.

Applicants must submit reasonable budgets based on the resources needed to implement their projects in their specific geographic location. The budget should display a clear link between the specific project activities and the proposed budget items. It should not contain any items that are not detailed in the project narrative. The budget narrative must support all costs included in the budget and explain how the costs of goods and services are determined and how they will fulfill the overall objective of the project.

In some circumstances, the budget and budget narrative will be reviewed separately from the proposed project narrative. Therefore, it is very important that the budget narrative be as comprehensive as possible and describe in a narrative format each line item requested in the budget.

The budget must:

1. Include funds to attend OVW-sponsored training and technical assistance in the amount of $30,000. The $30,000 is for the entire 36 month project period and NOT per year. See Training and Technical Assistance in the Funding Restrictions section of the solicitation.

2. Limit costs for medical care of non-Indian SDVCJ defendants to a maximum of 20% of the total project budget.

3. Include funds or include other resources available to support activities to ensure access for individuals with disabilities, Deaf/hard of hearing individuals, and persons with limited English proficiency. See Accessibility under Federal Award Administration Information for more information.

4. Distinguish clearly between subawards and contracts in allocating any grant funds to other entities. Pursuant to 2 C.F.R. § 200.330, a subaward is for the purpose of carrying out a portion of the federal award, and a contract is for the purpose of obtaining goods and services for the grantee’s own use. The substance of the relationship is more important than the form of the agreement in determining whether the recipient of the pass-through funds is a subrecipient or a contractor. Keep in mind that the awarding and monitoring of contracts must follow documented procurement procedures, including full and open competition, pursuant to the procurement standards in 2 C.F.R. §§ 200.317- 200.329, and the issuance of subawards must meet the requirements of 2 C.F.R. §

200.331. See Appendix A and the Solicitation Companion Guide for more information.

For additional guidance, go to the Funding Restrictions section of this solicitation.

Memorandum of Understanding (MOU)/Internal Memorandum of Understanding (IMOU) (10 Points Total) For purposes of this solicitation, the MOU/IMOU is a document containing the terms of the partnership and the roles and responsibilities between internal and external partners necessary to ensure successful planning, development, implementation, and exercise of SCDVJ. The MOU/IMOU must be a single document. For external partners, it must be signed and dated by the applicant tribe’s Authorized Representative. For internal partners, it must be signed and dated by the Authorized Representative of the tribe and by the individual(s) identified by the governing body of the tribe to represent the discipline of the required partners. If necessary, an MOU/IMOU can include multiple signature pages so long as each page includes the names and titles of all signatories to the MOU/IMOU. Applications without the required MOU/IMOU will not be considered for funding. If any of the required partners, such as the tribal court or victim service provider, are not subject to the authority of the tribal governing body, their partnership must be documented in an MOU (see Appendix C).

Required MOU/IMOU partners for the Tribal Jurisdiction Program are:

• Tribal Leadership;

• Tribal Judge;

• Tribal Prosecutors Office;

• Tribal Attorney/General Counsel;

• Law Enforcement; and

• Victim Services provider.

Tribes are encouraged, but not required, to consider including a Tribal Domestic Violence and Sexual Assault Coalition as an MOU partner if one is active in their area. Other partners which tribes may consider including as a part of the MOU/IMOU: indigent defense counsel/public defender’s office, court administrator, court services (pre-trial/probation), jail administrator, and other programs and partners that will contribute to the successful planning and implementation of the Tribal Jurisdiction Program in the tribal community.

Letters of support will not be accepted in lieu of the MOU/IMOU.

The MOU/IMOU must:

1. Clearly identify the partners;

2. Clearly state the roles and responsibilities each partner will assume to ensure the success of the proposed project;

3. Describe the resources each partner will contribute to the project, either through time, in-kind contributions, or grant funds (e.g., office space, project staff, and training);

4. Specify the extent of each partner’s participation in developing the application and/or project;

5. Demonstrate the commitment of each partner to work together to achieve stated project goals;

6. Indicate commitment to the partnership by each partner and approval of the proposed project narrative and budget by all signing parties; and

7. Identify the time period for which the MOU/IMOU is to be in effect. The time period should, at a minimum, cover the period of the grant award but may exceed it.

In general, MOU partners that will be receiving funds to carry out a portion of the award should be treated as subrecipients and not contractors. For more information see 2 C.F.R. § 200.330, Appendix A, and the Solicitation Companion Guide.

Tribal Resolution or Other Document(s) Demonstrating Authority to Apply (5 Points) Applications without the required tribal resolution or other document(s) demonstrating authority to apply will not be considered for funding. The applicant tribe must provide a valid tribal resolution or other documentation, signed by the chief executive officer of the governing body of the tribe (e.g. the tribal chairperson, president, governor, principal chief, or other equivalent official), providing the following assurances:

1. Affirm the tribe is a federally-recognized tribe appearing in the most recently published list of Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs;

2. Affirm the tribe has jurisdiction over lands that meet the definition of Indian Country;

3. Define the tribe’s Indian Country;

https://www.justice.gov/ovw/page/file/1007726/download#Solicitation%20Companion%20Guide

4. Affirm the governing body’s determination to plan, develop, implement, and exercise SDVCJ within its Indian Country;

5. Direct internal partners, identified in the IMOU, to participate in and cooperate with the planning, development, implementation, and exercise of SDVCJ and, if necessary, authorize the identified internal partners to enter into/sign the MOU/IMOU; and

6. If necessary, authorize the applicant tribe’s Authorized Organized Representative (AOR – see Application for Federal Assistance (SF-424) for the definition of AOR) to enter into/sign the MOU with external MOU partners.

Additional Required Information The following documents will not be scored during the review process but they must be included with the application. Failure to include any of the information may result in the application being removed from consideration for funding. Some documents will be generated during the application submission process while other documents will be uploaded and attached to the application.

The following documents will be generated and completed during the application submission process:

Application for Federal Assistance (SF-424) Applicants must complete the SF-424 online. For “Type of Applicant,” do not select “other.” Pay careful attention to the amount of federal funding requested in the “Estimated Funding” section of this form. This amount must match the amount of federal funding requested in the budget section of the application package. This program does not requires a match; therefore, the values for “Applicant’ line should be zero. The individual who is listed in “Authorized Representative” must be an individual who has the authority to apply for and accept grant awards on behalf of the organization or jurisdiction.

Standard Assurances and Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug-Free Workplace Requirements (Form 4061/6) Carefully review the assurances and certification forms online. Applicants will receive a request to compile these forms online during the application submission process.

All applicants must complete the Disclosure of Lobbying Activities (SF-LLL) form. Applicants that expend any funds for lobbying activities must provide the detailed information requested on the form. Applicants that do not expend any funds for lobbying activities should enter “N/A” in the required highlighted fields.

The following documents should be uploaded and attached to the application:

Confidentiality Notice Form All applicants are required to acknowledge that they have received notice that grantees and subgrantees must comply with the confidentiality and privacy requirements of the Violence Against Women Act, as amended. Applicants must submit the acknowledgement form available on the OVW website at http://www.justice.gov/sites/default/files/ovw/pages/attachments/2015/01/20/confidentiality_ackn owledgement_form_42015.pdf. This form must be signed by the Authorized Representative and uploaded with the application in Grants.gov.

Financial Accounting Practices Each applicant must prepare a response to the following questions. Be sure to provide complete responses that address all questions included for each numbered item. OVW will review the http://www.justice.gov/sites/default/files/ovw/pages/attachments/2015/01/20/confidentiality_acknowledgement_form_42015.pdf http://www.justice.gov/sites/default/files/ovw/pages/attachments/2015/01/20/confidentiality_acknowledgement_form_42015.pdf https://www.grants.gov/ applicant’s responses to assist in evaluating the adequacy of the organization’s financial management system and to identify areas of need for training and technical assistance. This section of the application should be no more than two pages and should be a separate attachment to the online application in Grants.gov.

1. Will all funds awarded under this program be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue/funding? Provide a brief description of the applicant’s policies and procedures that ensure funds will be tracked appropriately.

2. Does the applicant have written accounting policies and procedures? How often are these policies and procedures updated? Provide a brief list of the topics covered in the applicant’s policies and procedures. OVW may request a copy for review during the application/award process or as part of the grant monitoring process.

3. Is the applicant’s financial management system able to track actual expenditures and outlays with budgeted amounts for each grant or subgrant? Provide a brief summary of the organization’s process for tracking expenditures, including tracking budgeted versus actual amounts.

4. Does the applicant have procedures in place for minimizing the time between transfer of funds from the United States Treasury and disbursement for project activities? Provide a short summary of the applicant’s policy for requesting payments for grant awards.

5. Does the applicant have effective internal controls in place to ensure that federal funds are used solely for authorized purposes? Provide a brief description of the applicant’s internal controls that will provide reasonable assurance that the award funds will be managed properly.

6. Does the applicant have a documented records retention policy? If so, briefly describe the policy and confirm that the policy complies with federal regulations. Information on Record Retention and Access can be found at 2 CFR 200.333-337.

7. Does the applicant or any of its employees have any potential personal or organizational conflicts of interest related to the possible receipt of OVW award funds? Applicants are required to disclose in writing any potential conflicts of interest to their awarding agency.

See 2 CFR 200.112 and Chapter 3.20, Grant Fraud,…