PKG00246551-instructions..pdf

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

OVW Fiscal Year 2019 Grants to Tribal Governments to

Exercise Special Domestic Violence Criminal Jurisdiction

Solicitation

Release Date: on or about December 5, 2018

Eligibility

Eligible applicants are limited to: governments of Indian tribes that have jurisdiction over Indian country.

(See “Eligibility Information”)

Deadlines

Applications are due by 11:59 p.m. Eastern Time (E.T.) on February 14, 2019.

(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 January 31, 2019.

(See “Registration”)

Letter of Intent: Applicants are strongly encouraged to submit a Letter of Intent to OVW.TribalJurisdiction@usdoj.gov by January 31, 2019. This letter confirms that the applicant has registered with SAM and Grants.gov. Submitting a Letter of Intent will not obligate a potential applicant to submit an application. Interested applicants who do not submit a Letter of Intent are still eligible to apply.

(See “Letter of Intent”) https://www.grants.gov/ http://www.grants.gov/ mailto:OVW.TribalJurisdiction@usdoj.gov http://www.grants.gov/ ii

Pre-Application Information Session: OVW will conduct a web-based Pre-Application Information Session for entities interested in submitting an application for this program.

Participation in this session 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) 616- 0039.

Submission and Notification Information

Submission: Applications for this 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-2019-15604.

Notification: OVW anticipates notifying applicants of funding decisions by October 1, 2019.

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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

Activities that Compromise Victim Safety and Recovery and Undermine Offender Accountability

Out-of-Scope Activities

Activities Requiring Prior Approval

B. Federal Award Information Availability of Funds

Award Period and Amounts

Types of Applications Mandatory Program Requirements

C. Eligibility Information Eligible Applicants

Cost Sharing or Matching

D. Application and Submission Information Address to Request Application Package

Pre-Application Information Session

Content and Form of Application Submission

Formatting and Technical Requirements

Application Contents

Summary Data Sheet Proposal Abstract

Project Narrative

Budget Detail Worksheet and Narrative

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

Additional Required Information

Unique Entity Identifier (DUNS Number), System for Award Management (SAM), and Grants.gov Registration

Submission Dates and Times iv

OVW Policy on Late Submissions

Intergovernmental Review - Single Point of Contact Review

Funding Restrictions

Other Submission Requirements

Submitting a Grant Application

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

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

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 administers grant programs authorized by the Violence Against Women Act (VAWA) and subsequent legislation and provides national leadership on issues of sexual assault, domestic violence, dating violence, and stalking. OVW grants support coordinated community responses to hold offenders accountable and serve victims.

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). Through this grant program, Indian tribes receive support and technical assistance for planning and implementing changes in their criminal justice systems necessary to exercise special domestic violence criminal jurisdiction (SDVCJ) and funds to exercise the jurisdiction.

The program encourages collaborations among tribal leadership, courts, prosecutors, attorneys, defenders, law enforcement, probation, victim services providers, and other partners to ensure that victims find safety and justice and that non-Indians who commit crimes of domestic violence, dating violence, and violations of protection orders in the Indian Country of the tribe are held accountable. For additional information about this program, see https://www.justice.gov/ovw/grant-programs.

Program Scope Activities supported by this 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 Award Recipients,” and the conditions of the award.

Purpose Areas Pursuant to 25 U.S.C. § 1304(f), funds under this program must be used for one or more of the following 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;

https://www.justice.gov/ovw/grant-programs https://www.justice.gov/ovw/file/1030311/download https://www.justice.gov/ovw/page/file/1108301/download

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.

Activities that Compromise Victim Safety and Recovery and Undermine Offender Accountability OVW does not fund activities that jeopardize victim safety, deter or prevent physical or emotional healing for victims, or allow offenders to escape responsibility for their actions.

Information on activities that compromise victim safety and recovery and undermine offender accountability may be found in the Solicitation Companion Guide.

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 this program’s 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.

Activities Requiring Prior Approval Activities listed below will require prior approval in order to be supported by grant funds.

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

1. Conducting surveys.

2. Prosecution or incarceration of non-Indian defendants. See SDVCJ Readiness

Certification.

3. Renovations, including such minor things as painting and carpeting (i.e., National

Environmental Policy Act (NEPA) compliance).

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. OVW may elect to make awards in a future fiscal year for applications submitted under this solicitation but not selected for FY 2019 funding, depending on the merits of the applications and the availability of funding.

Award Period and Amounts The award period for new applicants 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, 2019.

The award period for continuation applicants is 24 months. Budgets must reflect 24 months of project activity, and the total “estimated funding” on the SF-424 must reflect 24 months.

Generally, the award period will start on October 1, 2019.

This 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 $4,000,000.

Funding levels under this program for FY 2019 are:

1. New awards: $450,000 for the entire 36 months

2. Continuation awards: $300,000 for the entire 24 months

OVW has the discretion to make awards for greater or lesser amounts than requested and to negotiate the scope of work and budget with applicants prior to making an award.

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 certifications prior to approval to use grant funds to exercise SDVCJ.

Types of Applications In FY 2019, OVW will accept the following types of applications for this program from the following:

New: applicants that have never received funding under this program.

Continuation: applicants that have an existing award under this program. Continuation funding is not guaranteed. Continuation applicants with less than 50% of their current award remaining as of March 31, 2019, are eligible to apply for supplemental funding of up to $300,000 for 24 months and will receive priority in funding consideration.

This program’s grant recipients that received an FY 2017 or an FY 2018 award and FY 2016 grant recipients that have 50% or more of their existing award remaining are NOT eligible to apply.

Mandatory Program Requirements Applicants selected to receive funding through this program must establish certain partnerships, submit additional documentation prior to award funds becoming generally available, and engage in certain activities throughout the award period. The documents below will be developed after awards are made and should not be submitted as a part of the application package.

Required Partnerships Recipients must engage partners, representing various disciplines, to plan, implement, and exercise SDVCJ. Required partners for the Tribal Jurisdiction Program are:

• Tribal Leadership;

• Tribal Judge;

• Tribal Prosecutor’s Office;

• Tribal Attorney/General Counsel;

• Law Enforcement; and

• Victim Service Provider.2

Tribes are encouraged, but not required, to include a Tribal Domestic Violence and/or Sexual Assault Coalition as a partner if one is active in their area. Other partners could include indigent defense counsel/public defender’s office, court administrator, court services (pre-trial/probation), jail administrator, or other programs and partners that will contribute to the successful planning and implementation of the proposed project in the tribal community. These partnerships must be demonstrated in a Memorandum of Understanding/Internal Memorandum of Understanding

(MOU/IMOU).

Planning Period Recipients must engage in a planning period to further develop the project and correlating budget. Recipients will participate in webinars and in-person planning sessions to develop additional grant documentation that is not being required at the time of application. Applicants selected to receive an award will have a special condition attached to their award that will allow limited funds to be expended for costs such as travel for training and technical assistance and staff salary and fringe during the planning stage, to be removed for full project implementation once all documentation has been reviewed and approved by OVW. Additional documentation required will include: revised project narrative and timeline (if necessary), revised budget detail worksheet and narrative (if necessary), memorandum of understanding/internal memorandum of understanding (MOU/IMOU), confidentiality notice form, letter of non-supplanting, and indirect cost rate agreement (if applicable).

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

2 For the purposes of this program, a “Victim Service Provider” is a nonprofit, nongovernmental or tribal organization or rape crisis center, including a state or tribal domestic violence and/or sexual assault coalition, that assists or advocates for domestic violence, dating violence, sexual assault, or stalking victims, including a domestic violence shelter, faith-based organization or other organization, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.

34 U.S.C. § 12291(a)(43). Victim service providers must provide direct services to victims of sexual assault, domestic violence, dating violence, or stalking as one of their primary purposes and have a demonstrated history of effective work in this field.

MOU/IMOU must be a single document. For external partners, it must be signed and dated by the applicant tribe’s Authorized Representative and each external partner. 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. See https://www.justice.gov/ovw/resources-applicants for a sample MOU.

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

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

6. 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.

SDVCJ Readiness Certification Awards for non-pilot project tribes will include a special condition that requires certain tribal officials to certify that they are familiar with the Indian Civil Rights Act, as amended, 25 U.S.C. § 1301–1304, including the amendments made by VAWA 2013, and that the tribe’s criminal justice system has adequate safeguards in place to protect defendants’ rights. Certifications will be required from the tribe’s authorized representative, the chief judicial officer, and the chief legal officer prior to grant funds being used for the prosecution or incarceration of non-Indian defendants.

OVW Training and Technical Assistance Participation Recipients must participate in OVW-sponsored training and technical assistance. This includes joining and actively participating in the Inter-tribal Technical Assistance Working Group (ITWG), in addition to other OVW training and technical assistance opportunities. 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. Recipients will be encouraged to ensure all MOU/IMOU partners have multiple opportunities to participate in OVW training and technical assistance throughout the project period.

C. Eligibility Information

Applications that are submitted by ineligible entities or that do not meet all program eligibility requirements will not be considered for funding. In addition, an application that is deemed deficient in one or more of the following categories may not be considered for funding: 1.

activities that compromise victim safety, 2. out-of-scope activities, 3. unallowable costs, 4. pre-award risk assessment, 5. completeness, and 6. timeliness. Further, an applicant with past https://www.justice.gov/ovw/resources-applicants https://www.justice.gov/sites/default/files/ovw/legacy/2008/10/21/sample-mou.pdf performance issues, long-standing open audits, or an open criminal investigation also may not be considered for funding.

Eligible Applicants The only entities eligible to apply for this program are governments of Indian tribes that have jurisdiction over Indian country.3

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

Limit on Number of Applications OVW will consider only one application per organization for the same service area in response to this solicitation. In addition, 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 (this solicitation, including links to required forms) is available on Grants.gov or the OVW website. Applicants wishing to request a paper copy of these materials should contact OVW.TribalJurisdiction@usdoj.gov or (202) 307-6026.

Pre-Application Information Session OVW will conduct a web-based pre-application information session for entities interested in submitting an application for this program. During this session, OVW staff will review this program’s requirements, review the solicitation, and allow for a brief question and answer period. The session is tentatively scheduled for:

Thursday, January 3, 2019, at 12:00 p.m. E.T.

The total number of participants for the session may be limited, and therefore interested participants from the same agency/jurisdiction are expected to participate together. OVW reserves the right to deny multiple registrations from a single agency/jurisdiction to allow as many interested applicants as possible to participate.

To register, contact OVW.TribalJurisdiction@usdoj.gov or call (202) 616-0039. 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. The webinar will be captioned in English and Spanish. Interested applicants needing additional language assistance should contact this program’s POC at OVW.TribalJurisdiction@usdoj.gov or at (202) 616-0039 as soon as possible, but no later than December 26, 2018.

3 ’Indian tribe’ means any tribe, band, or other group of Indians subject to the jurisdiction of the United States and recognized as possessing powers of self-government. 25 U.S.C. § 1301(1)

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.

http://www.grants.gov/ https://www.justice.gov/ovw/open-solicitations mailto:OVW.TribalJurisdiction@usdoj.gov

Content and Form of Application Submission The information below (“Letter of Intent through “Additional Required Information”) describes the full content and form of application submission. For a complete checklist of required contents, see the “Other Information” section in this solicitation.

Letter of Intent Applicants intending to apply for FY 2019 funding under this program are strongly encouraged to submit a Letter of Intent. The letter should state that the applicant is registered and current with SAM and with Grants.gov. The letter should be submitted to OVW at OVW.TribalJurisdiction@usdoj.gov by January 31, 2019. This letter will not obligate the applicant to submit an application. See https://www.justice.gov/ovw/resources-applicants for a sample Letter of Intent.

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 spaced)

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 15 pages for the Project Narrative

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

Documents (.txt).

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

Application Contents Applications must include the following required documents and demonstrate that the program eligibility requirements have been met. OVW may not contact applicants for missing items on the list below. Applications that do not include all of the following documents will be considered substantially incomplete and will not be considered for funding:

1. Project Narrative

2. Budget Detail Worksheet and Narrative

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

Summary Data Sheet (5 Points Total) The Summary Data Sheet should be one to four pages and may be single or double spaced.

The Summary Data Sheet does not count toward the 15 page limit for the Project Narrative.

Provide the following information:

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

2. Name, title, address, telephone 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 (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 implement the project, and the applicant itself will not be involved with http://www.grants.gov/ mailto:OVW.TribalJurisdiction@usdoj.gov https://www.justice.gov/ovw/page/file/1107796/download implementation of the project beyond issuing subaward(s) to these entities. If this is the case, the applicant also must list these subrecipients and 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 C.F.R.

Part 200, as well as all project deliverables. 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 pending OVW grants (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 sample format found on the OVW website https://www.justice.gov/ovw/resources-applicants. Failure to provide the required table will result in a loss of points. The applicant should also provide the same information regarding any current OVW grants or pending applications on which the applicant is a subrecipient.

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 2019 to do similar work. Provide this information in a table using the sample format found on the OVW website https://www.justice.gov/ovw/resources-applicants .

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

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 the applicant’s project will implement (see Purpose Areas).

Proposal Abstract (not scored) The Proposal Abstract must provide a short summary (no more than two pages double-spaced) of the proposed project, including names of applicant and partners, primary activities, products and deliverables, the service area, and who will benefit. Applicants must not summarize past accomplishments in this section.

Project Narrative (75 Points Total) The Project Narrative may not exceed 15 pages, double-spaced. The Project Narrative must include the following three sections: 1) Initial Assessment; 2) What Will Be Done; and 3) Who Will Implement.

Initial Assessment (35 points)

This section must:

1) Describe the tribal community to be served, including:

a) The geographic area subject to the tribe’s jurisdiction;

b) The demographic profile of the community (e.g., tribal and non-tribal residents, poverty rate, workforce profile), including any marginalized and/or underserved population(s)4 as data is available for the tribal jurisdiction; and

c) The availability of services for victims of domestic and dating violence.

4 Applicants should use U.S. Census and other government data, as well as the Limited English Proficient Mapping Tool, available at www.lep.gov/maps/, to obtain this information.

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl https://www.justice.gov/ovw/page/file/1107801/download https://www.justice.gov/ovw/resources-applicants https://www.justice.gov/ovw/page/file/1107806/download https://www.justice.gov/ovw/resources-applicants http://www.lep.gov/maps/

2) Provide the following data for the last two years, as available, for the jurisdiction. If the data is not available, state why it is not available.

o number of domestic violence incidents reported to law enforcement;

o number of domestic violence incidents reported involving non-Indian offenders;

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

o number of domestic violence cases accepted for prosecution;

o number of domestic violence cases declined for prosecution;

o number of protection order violation cases reported;

o number of protection order violation incidents reported involving non-Indian offenders;

o number of protection order violation cases referred to the prosecutor’s office;

o number of protection order violation cases accepted for prosecution;

o number of protection order violation cases declined for prosecution.

3) Provide the following data for the last two years, as available, for the jurisdiction. If the data is not available, state why it is not available.

o number of protection from abuse orders requested;

o number of protection from abuse orders granted;

o number of protection from abuse orders involving non-Indian offenders.

4) 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:

a) Tribal constitution – specifically whether amendments are necessary in order to exercise

SDVCJ;

b) Tribal law and order code – specifically whether current domestic violence and protection order violation offenses need to be amended;

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

d) Tribal prosecution (including whether the tribe has any Special Assistant U.S. Attorneys (“SAUSAs”), experienced or specialized domestic violence prosecutors, etc.);

e) 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);

f) 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;

g) Role of victim advocates within the criminal justice system;

h) Pre-trial supervision and probation systems;

i) 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; and

j) The need for training, technical assistance, data collection, and evaluation of the tribe’s criminal justice system in order to plan, implement, and exercise SDVCJ.

What Will Be Done (25 points) The application must provide a clear link between the proposed activities and the needs identified in the “Initial Assessment” section above.

This section must:

1. State the project goals and objectives necessary to enhance or enable the exercise of SDVCJ in the tribe’s jurisdiction;

2. Describe how the proposed project will enhance victim safety and autonomy;

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

4. If applicants are proposing to use any technology (including, but not limited to, security systems, audio recording systems, GPS, computer software systems, or hotlines), the application must describe the plan to address victim safety concerns that may arise from the use of the technology, such as confidentiality, safety planning, and informed consent.

5. Describe how the proposed project will be accessible to individuals with disabilities, individuals who are Deaf or hard of hearing, and persons with limited English proficiency.

Who Will Implement the Project (15 points)

This section must:

1. Identify the key individuals and organizations involved in the proposed project;

2. Demonstrate that the required project partners (tribal leader, judge, prosecutor, attorney, law enforcement, and victim service provider) have the experience and expertise necessary to successfully plan and implement the proposed project; and

3. If the project will include other partners (i.e. tribal coalition, jail administrator, court services officer, etc.), identify those individuals, including their role in the project, and detail their experience and expertise.

Budget Detail Worksheet and Narrative (15 Points) All applications must include a detailed budget and budget narrative. A sample Budget Detail Worksheet is available on the OVW website at https://www.justice.gov/ovw/resources-applicants. Keep in mind that budgetary requirements vary among programs. Applicants must submit reasonable budgets based on the resources needed to implement their projects in their specific geographic location.

Award Period and Amount New applicants may submit budgets up to $450,000 for a project period of 36 months.

Continuation applicants may submit budgets up to $300,000 for a project period of 24 months.

The budget and budget narrative will be reviewed separately from the proposed project narrative. The budget narrative must describe each line item requested in the budget and explain all costs included in the budget, including how the costs of goods and services are determined and how they will fulfill the objectives of the project.

The budget must:

1. Display a clear link between the specific project activities and the proposed budget items and not contain items that are not supported by the project narrative.

2. New applicants: Include funds to attend OVW-sponsored training and technical assistance in the amount of $30,000. This amount is for the entire 36 months and NOT per year. Applicants also may budget expenses in excess of the required amount if they https://www.justice.gov/ovw/page/file/1107316/download https://www.justice.gov/ovw/page/file/1107316/download are aware of relevant non-OVW sponsored conferences or training for which they would like permission to use grant funds to support staff/project partner attendance.

3. Continuation applicants: Include funds to attend OVW-sponsored training and technical assistance in the amount of $15,000. This amount is for the entire 24 months and NOT per year. Applicants also may budget expenses in excess of the required amount if they are aware of relevant non-OVW sponsored conferences or training for which they would like permission to use grant funds to support staff/project partner attendance.

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

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

6. 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, such as compensating an MOU partner, 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. The awarding and monitoring of contracts must follow the recipient’s documented procurement procedures, including full and open competition, pursuant to the procurement standards in 2 C.F.R. §§ 200.317-200.329. The issuance and monitoring of subawards must meet the requirements of 2 C.F.R. § 200.331, which includes oversight of subrecipient/partner spending and monitoring performance measures and outcomes attributable to grant funds. For more information, see the sample Budget Detail Worksheet and the Solicitation Companion Guide on the OVW website at https://www.justice.gov/ovw/resources-applicants.

OVW awards are governed by the provisions of 2 C.F.R. Part 200 and the DOJ Financial Guide, which include information on allowable costs, methods of payment, audit requirements, accounting systems, and financial records. For additional information on allowable and unallowable costs, go to the Funding Restrictions section of this solicitation and the sample Budget Detail Worksheet on the OVW website at https://www.justice.gov/ovw/resources-applicants.

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

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 https://www.justice.gov/ovw/page/file/1107316/download https://www.justice.gov/ovw/page/file/1108301/download https://www.justice.gov/ovw/resources-applicants https://www.justice.gov/ovw/file/1030311/download https://www.justice.gov/ovw/resources-applicants https://www.justice.gov/ovw/resources-applicants https://www.federalregister.gov/documents/2018/01/30/2018-01907/indian-entities-recognized-and-eligible-to-receive-services-from-the-united-states-bureau-of-indian https://www.federalregister.gov/documents/2018/01/30/2018-01907/indian-entities-recognized-and-eligible-to-receive-services-from-the-united-states-bureau-of-indian

6. If necessary, authorize the applicant tribe’s Authorized 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.” The amount of federal funding requested in the “Estimated Funding” section of this form 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 the 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 document must be uploaded and attached separately to the application:

Pre-Award Risk Assessment Each applicant must respond to the questions below. This information will be used for a mandatory pre-award risk assessment. Failure to provide this information or to respond to questions from OVW regarding this information in a timely manner could result in the applicant being removed from consideration or a delay in access to funds. Provide complete responses that address all questions included for each numbered item. This section of the application should be no more than four pages.

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 C.F.R. §§ 200.333-200.337.

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 C.F.R. § 200.112 and Chapter 3.20, Grant Fraud, Waste and Abuse, of the DOJ Financial Guide for additional information.

8. Is the individual primarily responsible for fiscal and administrative oversight of grant awards familiar with the applicable grants management rules, principles, and regulations including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200)? Provide a short list of the individual’s qualifications/experience. If the individual is not familiar with the applicable rules and regulations, the applicant must contact OVW’s Grants Financial Management Division at OVW.GFMD@usdoj.gov or 1-888-514-8556 immediately after the applicant is notified of its award to coordinate training.

9. Does the applicant have policies and procedures in place to manage subawards and monitor activities of subrecipients as necessary to ensure that subawards are used for authorized purposes, in compliance with laws, regulations, and terms and conditions of the award, and that established subaward performance goals are achieved (2 C.F.R. §§ 200.330-200.332)? Provide a brief description of the organization’s policies and procedures on subrecipient management and monitoring.

10. Does the applicant currently require employees to maintain time distribution records that accurately reflect the work performed on specific activities or cost objectives in order to support the distribution of employees’ salaries among federal awards or other activities (2 C.F.R. § 200.430)? Budget estimates do not qualify as support for charges to federal awards. Provide a brief description of the organization’s established timekeeping policies and procedures.

The following documents must be submitted by Grant Adjustment Notice (GAN) after an award is made:

Confidentiality Notice Form All recipients are required to acknowledge that they have received notice that grantees and subgrantees must comply with the confidentiality and privacy requirements of VAWA, as amended. Recipients 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.

Indirect Cost Rate Agreement (if applicable) Recipients that intend to charge indirect costs through the use of a negotiated indirect cost rate must have a current, signed, federally-approved indirect cost rate agreement. Recipients that https://www.justice.gov/ovw/file/1030311/download https://www.justice.gov/ovw/file/1030311/download mailto:OVW.GFMD@usdoj.gov 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 have never received a federally-approved indirect cost rate may elect to charge a de minimis rate of 10% of modified total direct costs, which may be used indefinitely. This includes state, local, and tribal governments that have never negotiated an indirect cost rate with the federal government and receive less than $35 million in direct federal funding per year.

Organizations that wish to negotiate an indirect cost rate should contact OVW’s Grants Financial Management Division at OVW.GFMD@usdoj.gov or 1-888-514-8556 for more information.

Letter of Nonsupplanting Recipients must submit a letter to OVW’s Director, signed by the Authorized Representative, certifying that federal funds will not be used to supplant non-federal funds. A sample letter is available at https://www.justice.gov/ovw/resources-applicants.

Unique Entity Identifier (DUNS Number), System for Award Management (SAM), and Grants.gov Registration Applicants for federal grants and cooperative agreements are required to have a Data Universal Number System (DUNS) Number to submit an application. A DUNS Number is a unique, nine-character identification number provided by the commercial company Duns & Bradstreet (D&B). Once an applicant has applied for a DUNS number through D&B, its DUNS Number should be available within two business days.

Federal regulations require that an applicant (1) be registered in SAM.gov prior to submitting an application; (2) provide a valid DUNS number in its application; and (3) continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application under consideration by a federal awarding agency. Also, federal agencies may not make an award to an applicant until that applicant has complied with all applicable DUNS and SAM requirements. If an applicant has not fully complied with these requirements by the time that OVW is ready to make an award, then OVW may make the determination that the applicant is not qualified to receive an award and use that determination as a basis for making the award to another applicant.

SAM centralizes information about grant recipients and also provides a central location for grant recipients to change organizational information. Grants.gov uses SAM to establish roles and IDs for electronic grant applicants.

If the applicant already has an Employer Identification Number (EIN), the SAM registration will take up to two weeks to process. If the applicant does not have an EIN, then the applicant should allow two to five weeks for obtaining an EIN from the Internal Revenue Service.

There is no fee associated with these processes. Additionally, these processes cannot be expedited. OVW strongly discourages applicants from paying a third party to apply or register on their behalf in an attempt to expedite these processes.