PKG00249026-instructions..pdf

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

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

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA) is seeking applications for funding of projects designed to prevent, detect, and respond to sexual abuse and sexual harassment in confinement facilities, and to achieve and maintain compliance with the Prison Rape Elimination Act (PREA) standards. This program furthers DOJ’s mission by reducing violent crime and promoting law enforcement officer safety.

Implementing the PREA Standards, Protecting Inmates, and Safeguarding Communities

FY 2019 Competitive Grant Announcement Applications Due: May 22, 2019

Eligibility

Eligible applicants are states, units of local government, and federally-recognized Indian tribal governments (as determined by the Secretary of the Interior).

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

BJA welcomes applications under which two or more states, units of local government, or federally-recognized Indian tribal governments (as determined by the Secretary of the Interior) would carry out the federal award; however, only one entity may be the applicant. Any others must be proposed as subrecipients (subgrantees).1 The applicant must be the entity that would have primary responsibility for carrying out the award, including administering the funding and managing of the entire project. All proposed subrecipients (subgrantees) will receive provisional approval at the time of award. Final approval will only be granted following BJA’s review and approval of the grantee’s PREA implementation plan. For more information about the required PREA implementation plan, see page 11.

In addition to this solicitation, in fiscal year (FY) 2019 BJA is issuing another competitive program solicitation entitled “Comprehensive Corrections Training and Technical Assistance,” designed to provide training and technical assistance (TTA) on a number of justice-related topics. One category in the “Comprehensive Corrections Training and Technical Assistance” solicitation focuses on selecting a national TTA provider to assist state, local, and tribal jurisdictions in their efforts to prevent, detect, and respond to sexual abuse and sexual harassment (hereafter referred to as sexual abuse)2 in confinement facilities. The selected TTA

1 For additional information on subawards, see "Budget and Associated Documentation" under Section D. Application and Submission Information.

2 See 28 CFR Part 115 National Standards To Prevent, Detect, and Respond to Prison Rape; Final Rule for the definitions of “sexual abuse” and “sexual harassment.”

https://www.usdoj.gov/ https://www.ojp.usdoj.gov/ https://www.bja.gov/ https://www.bja.gov/ provider will deliver PREA-specific strategic support and assistance to the applicants funded under this solicitation. To prevent potential conflicts of interest, recipients and subrecipients of funding under categories 3 and 4 of the Comprehensive Corrections Training and Technical Assistance solicitation are not eligible to be subrecipients for awards made under this grant announcement.

BJA may elect to fund applications submitted under this FY 2019 solicitation in future fiscal years, dependent on, among other considerations, the merit of the applications and the availability of funding.

Deadline

Applicants must register with Grants.gov at https://www.grants.gov/web/grants/register.html prior to submitting an application. All applications are due by 11:59 p.m. eastern time on May 22, 2019.

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

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

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

Contact Information

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

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

For assistance with any unforeseen Grants.gov technical issues beyond an applicant’s control that prevent it from submitting its application by the deadline, or any other requirement of this solicitation, contact the National Criminal Justice Reference Service (NCJRS) Response Center:

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

eastern time on the solicitation close date.

Grants.gov number assigned to this solicitation: BJA-2019-15245 Release date: March 13, 2019

BJA-2019-15245

https://www.grants.gov/web/grants/register.html https://ojp.gov/funding/Apply/Grants-govInfo.htm https://www.grants.gov/web/grants/support.html mailto:support@grants.gov mailto:grants@ncjrs.gov https://webcontact.ncjrs.gov/ncjchat/chat.jsp

BJA-2019-15245

Contents A. Program Description

Overview Program-Specific Information Objectives and Deliverables Evidence-based Programs or Practices Information Regarding Potential Evaluation of Programs and Activities

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

C. Eligibility Information D. Application and Submission Information

What an Application Should Include How To Apply

E. Application Review Information Review Criteria Review Process

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

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

Freedom of Information Act and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a) Provide Feedback to OJP Appendix A: Application Checklist

Implementing the PREA Standards, Protecting Inmates, and Safeguarding Communities

CFDA # 16.735

A. Program Description

Overview The Prison Rape Elimination Act (PREA) directs DOJ to provide grants to jurisdictions and agencies nationwide to “protect inmates and safeguard communities.” This program responds to this statutory obligation by:

• Supporting efforts in state, local, and tribal jurisdictions to prevent, detect, and respond to sexual abuse in confinement facilities covered by the PREA standards.3

• Promoting comprehensive implementation of the standards.

• Enhancing community safety by decreasing the likelihood that inmates, residents, and detainees are sexually victimized in confinement facilities prior to release.

Efforts funded under this solicitation also support DOJ priorities by enhancing law enforcement officer safety. Reductions in prison rape create safer work environments for staff members in adult prisons and jails, juvenile confinement facilities, police lock-ups, community confinement facilities, and tribal detention and correctional facilities. Many of these staff members are sworn law enforcement officers.

Statutory Authority Awards under this solicitation will be made under statutory authority provided by the Prison Rape Elimination Act, 34 USC 30305.

Additional authority for awards made under this solicitation is provided by a the Consolidated Appropriations Act, 2019, Pub. L. No. 116-6, 133 Stat 13, 112.

Program-Specific Information September 2018 marked the 15th anniversary of the enactment of PREA. PREA states that “Prison rape endangers the public safety by making brutalized inmates more likely to commit crimes when they are released,” and compels states to address sexual abuse in confinement.

In FY 2013, the Bureau of Justice Statistics (BJS) issued findings from 2011-2012 surveys of jail and prison inmates about incidences of sexual victimization in confinement.4 It found that four percent of state and federal prison inmates and 3.2 percent of jail inmates within the United States reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months or since admission to the facility.5 In juvenile facilities, the numbers were even more troubling. An estimated 9.5 percent of youths in state juvenile facilities

3 The work to be supported under this PREA Grant Program focuses exclusively on the implemention of the PREA standards. Other federal agencies, including the Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS), enforce PREA standards. However, this program does not address PREA implementation in facilities under the jurisdiction of DHS and HHS. For more information regarding the PREA-related efforts of DHS and HHS, applicants should contact those agencies directly.

4 See BJS, Sexual Victimization in Prisons and Jails Reported by Inmates, 2011–12 (May 2013).

5 See id., page 6.

and state contract facilities (representing 1,720 youth nationwide) reported experiencing one or more incidents of sexual victimization by another youth or staff member in the past 12 months or since admission.6

On June 20, 2012, DOJ published the Final Rule formally creating National Standards to Prevent, Detect, and Respond to Prison Rape (PREA standards), as required by PREA. The standards apply to adult prisons and jails, juvenile confinement facilities, police lock-ups, and community confinement facilities. The standards, which took effect on August 20, 2012, seek to prevent sexual abuse and to reduce the harm that it causes.

Objectives and Deliverables The purpose of the PREA Grant Program is to assist confinement facilities and the agencies that oversee them in implementing prevention, identification, and response mechanisms that reduce the incidence of sexual abuse in these facilities, and to promote compliance with the PREA standards.

The program’s objectives are to:

1. Reduce sexual abuse in confinement facilities.

2. Increase staff capacity for preventing sexual abuse in confinement facilities.

3. Promote integration of the PREA standards into the day-to-day operations and cultures of confinement facilities.

4. Identify and document innovations and promising practices in order to inform similar efforts across the nation.

5. Create cultures of “zero tolerance” for sexual abuse in confinement facilities.

To achieve these objectives, BJA expects grantees to produce measurable outcomes that promote compliance with the PREA standards.

BJA strongly encourages all eligible agencies to submit applications, regardless of how much progress they have made in addressing sexual abuse in their facilities and in implementing the PREA standards. Funding can be used effectively by agencies that are in full compliance with the standards and aim to develop strategies to maintain ongoing compliance; or by agencies initiating efforts to achieve compliance for the first time.

Required program deliverables are:

1. A comprehensive, individualized PREA implementation plan that will guide the grantee’s

PREA-related activities. Plans must be finalized during the first six months of approval of the grant budget and be supported, in close consultation with BJA, by a TTA lead/coach. For more information about the PREA implementation plan, see page 11. The support to be provided by TTA leads/coaches is described on page 8.

2. Agency- and facility-specific PREA implementation strategies designed to generate progress in preventing, detecting, and responding to sexual abuse, and in complying with the PREA standards.

6 See BJS, Sexual Victimization in Juvenile Facilities Reported by Youth, 2008–09 (January 2010), pages 1, 4. This total includes the cross-sectional number covered in BJS surveys plus the number of estimated victims released in the 12 months prior to the survey. It includes adjudicated/committed youth only. For methodology, see Initial Regulatory Impact Analysis (IRIA), page 9, available at www.ojp.gov/programs/pdfs/prea_nprm_iria.pdf.

https://www.gpo.gov/fdsys/pkg/FR-2012-06-20/pdf/2012-12427.pdf http://www.ojp.gov/programs/pdfs/prea_nprm_iria.pdf

3. A sustainability plan, developed in conjunction with the TTA lead/coach, which ensures that the BJA-funded PREA strategies and activities continue after the grant period ends.

4. Documentation, developed in conjunction with the TTA lead/coach, of innovative and promising work accomplished during the grant period, which will be made publicly available.

Examples include written memoranda, webinars, and presentations conducted at professional conferences and other events.

The following are examples of activities that are allowable uses of PREA grant program funds, respond to the PREA standards, and may be included in implementation plans:

1. Strategies to promote and institutionalize agency and facility staff buy-in for new policies, procedures, and practices that address sexual abuse.

2. Designation of staff positions responsible for PREA implementation.

3. Facility-specific staffing plans to reduce the likelihood of sexual abuse that result from examining current staffing levels and patterns, the sizes and compositions of inmate/resident/detainee populations, and the physical layouts of facilities.

4. Methods to report sexual abuse when it occurs in confinement facilities.

5. Intake, screening, and classification processes designed to identify potential sexual abuse victims and perpetrators, and to make housing, placement, and programming decisions in response.

6. Inmate/Detainee/Resident education programs on topics such as available sexual abuse reporting mechanisms and services available to victims.

7. Sexual abuse response protocols which include protections for victims and ensure prompt, thorough, and objective investigations of all allegations.

8. Electronic inmate/detainee/resident management systems designed to track abusers and victims effectively.

9. Formal partnerships between confinement agencies/facilities and community-based organizations such as rape crisis centers and sexual abuse coalitions, intended to provide services and support to victims.

10. Victim-centered approaches at the agency and/or facility levels designed to address the needs of sexual abuse victims effectively.

11. Efforts to prevent and address secondary trauma among agency and/or facility staff members.

12. Agency/facility staff training on preventing, detecting, and responding to sexual abuse, and building skills necessary to achieve PREA implementation.

13. Strategies to increase collaboration between confinement agencies/facilities, and prosecutors and the courts to increase the likelihood that sexual abuse that occurs in confinement is successfully prosecuted.

14. Agency-wide plans to collect, analyze, and report data about sexual abuse in confinement facilities covered by the PREA standards.

15. Processes that leverage technology to improve efforts to prevent, detect, and respond to sexual abuse (e.g., incident mapping technologies to identify locations within confinement facilities where inmates/residents/detainees and staff members are vulnerable, and taking steps to mitigate these vulnerabilities).

16. Plans to purchase “limited” equipment and/or supplies (using less than 40 percent of the total federal award amount) that are necessary to prevent, detect, or respond to sexual abuse.7

7 Applicants proposing to use federal funds on equipment and/or supplies must thoroughly describe how these expenditures are part of a larger, comprehensive PREA implementation strategy.

17. Analyses of confinement facility blueprints to identify vulnerable areas and implement strategies, which implement technology such as concealed video, alterations to facility layouts, and data analysis, in order to better protect inmates/residents/detainees, and staff.

18. Actions related to conducting PREA audits, such as preparing for audits, carrying out mock or practice audits, selecting and entering into contracts/agreements with DOJ-certified PREA auditors, and covering the costs associated with audits and corrective action plans.

All audits funded under this grant program must be high quality, objective, comprehensive, and reliable, and must comply with DOJ’s auditing requirements in the PREA Auditor Handbook.

Consistent with the objectives and deliverables listed above, applicants must in their proposals:

1. Demonstrate that they have begun to examine and prioritize their PREA implementation needs and challenges, and to identify strategies to address them.

2. Commit to working closely throughout the grant period with BJA and an assigned TTA lead/coach. As described above, during the first six months of the grant period, grantees’ focus will be the finalization of a comprehensive PREA implementation plan .

3. Submit a letter or letters on official letterhead that demonstrate the commitment of agency leadership to work toward realizing the goals of this program. For example, a local or county-based agency must include a letter of commitment from the director or administrator of that agency.

4. Identify a project coordinator to manage the day-to-day work of the project. The project coordinator should work for the agency that is seeking support under this solicitation.

Examples of project coordinators are agency-level PREA coordinators and facility-level PREA compliance managers.

Priority Considerations Priority consideration will be given to applications that:

1. Address specific findings in BJS reports8 or other available data that describe the characteristics of sexual abuse in applicant facilities, such as variations in victimization rates among sub-populations of inmates/residents/detainees and contextual circumstances surrounding victimization and the dynamics of sexual abuse. Applicants may also focus on confinement facilities that demonstrate high rates of sexual abuse, based on data reported annually to BJS, or other data that suggest past problems with sexual abuse within the facility.

2. Target one or more PREA standards that applicants have found to be particularly challenging to implement. Applicants must explain why the targeted standard(s) have been difficult to implement, what steps they have taken to date to comply with them, and how the funding will help them to overcome those challenges.

3. Propose to conduct a comprehensive review of sexual abuse investigation policies, procedures, and practices in confinement facilities to:

• Identify gaps and challenges related to the investigative process;

• Implement needed enhancements; and

• Work collaboratively with courts and prosecutors to increase the number of cases of sexual abuse in confinement facilities that are referred for prosecution and successfully prosecuted.

8 See: https://www.bjs.gov/index.cfm?ty=tp&tid=20.

https://www.prearesourcecenter.org/node/5341 https://www.prearesourcecenter.org/node/5341 https://www.bjs.gov/index.cfm?ty=tp&tid=20

Applicants that are interested in addressing this priority consideration should describe how they will work with BJA and the selected TTA lead/coach to share relevant lessons and outcomes from their efforts with others.

4. Recognize that successful PREA implementation requires the involvement of numerous internal and external stakeholders, and aim to implement a collaborative approach engaging them. Applicants must explain the steps they have taken to include multiple stakeholders in their PREA compliance efforts, and identify new stakeholders for future PREA work.

5. Put forward highly innovative, replicable strategies that promote sexual safety in confinement facilities, and serve PREA’s purpose to safeguard communities and DOJ’s priority to reduce violent crime. One example is recent efforts by agencies to significantly reduce or stop the practice of confining youthful inmates in adult facilities. This practice may result in compliance with PREA’s Youthful Inmate Standard and confinement and management strategies for youthful inmates that support crime reduction.

Applicants that address one or more of the priority considerations above must clearly identify them in the proposal.

Strategic Support and Assistance to Grantees Selected under this Solicitation As noted above, applicants selected for funding under this solicitation will, throughout the grant period, receive strategic support and assistance from a TTA lead/coach with expertise related to PREA implementation. The TTA leads/coaches will represent an external national organization, or team of such organizations, that is selected competitively by BJA in FY 2019. During the first six months of the project, the TTA leaders/coaches will work on- and off-site with grantees to finalize their comprehensive PREA implementation plans.

The TTA lead/coach will also work with the PREA grantees to leverage resources available through the National PREA Resource Center (PRC). The PRC serves as a clearinghouse for current information related to PREA implementation.

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

• Improving the quantity and quality of evidence OJP generates.

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

• Improving the translation of evidence into practice.

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

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

http://www.prearesourcecenter.org/ https://www.crimesolutions.gov/

Action research partnerships between researchers and practitioners have great potential to improve practice and policy. NIJ’s Recommendations for Collaborating Successfully With Academic Researchers, Findings from the Researcher‐Practitioner Partnerships Study (RPPS) documents, synthesizes, and shares what makes partnerships between researchers and practitioners successful.

For information related to implementation science, applicants may refer to the National Implementation Research Network website.

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

B. Federal Award Information

BJA expects to make up to 10 awards of up to $250,000 each, with an estimated total amount awarded of up to $2,500,000. All awards are for a 24-month period of performance to begin on or about October 1, 2019.

The funding during the initial 6-month period should support planning activities, followed by 18 months of implementation activities. Implementation may begin earlier, subject to approval of the PREA implementation plan.

Applicants must apply in one of three categories, depending upon their jurisdictional status:

• Category 1, Competition ID BJA-2019-15326: Units of state government agencies.

• Category 2, Competition ID BJA-2019-15327: Units of county or city local government agencies.

• Category 3, Competition ID BJA-2019-15328: Federally recognized Indian tribes and Alaska Native tribes and/or tribal organizations.

Note: Generally, no more than one no-cost extension may be made to an award and that extension, if granted, may not exceed 12 months. Further guidance related to project extensions can be found in the DOJ Grants Financial Guide at https://ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.2a.htm.

BJA may, in certain cases, provide additional funding in future years to awards made under this solicitation, through continuation awards. In making decisions regarding continuation awards, OJP will consider, among other factors, the availability of appropriations, when the program or http://www.ncjrs.gov/pdffiles1/nij/grants/243911.pdf http://www.ncjrs.gov/pdffiles1/nij/grants/243911.pdf http://nirn.fpg.unc.edu/ http://nirn.fpg.unc.edu/ https://ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.2a.htm project was last competed, OJP’s strategic priorities, and OJP’s assessment of both the management of the award (for example, timeliness and quality of progress reports), and the progress of the work funded under the award.

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

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

Financial Management and System of Internal Controls Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities9) must, as described in the Part 200 Uniform Requirements10 as set out at 2 C.F.R.

200.303:

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

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

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

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

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

To help ensure that applicants understand the applicable administrative requirements and cost principles, OJP encourages prospective applicants to enroll, at no charge, in the DOJ Grants

9 For purposes of this solicitation, the phrase “pass-through entity” includes any recipient or subrecipient that provides a subaward ("subgrant”) to a subrecipient (subgrantee) to carry out part of the funded award or program.

Additional information on proposed subawards is listed under What an Application Should Include, Section D of this solicitation.

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

Financial Management Online Training, available at https://onlinegfmt.training.ojp.gov. (This training is required for all OJP award recipients.)

Also, applicants should be aware that OJP collects information from applicants on their financial management and systems of internal controls (among other information) which is used to make award decisions. Under Section D. Application and Submission Information, applicants may access and review a questionnaire—the OJP Financial Management and System of Internal Controls Questionnaire—that OJP requires all applicants (other than an individual applying in his/her personal capacity) to download, complete, and submit as part of the application.

Budget Information Cost Sharing or Matching Requirement (cash or in-kind) Federal funds awarded under this solicitation may not cover more than 50 percent of the total costs of the project. An applicant must identify the source of the 50 percent non-federal portion11 of the total project costs and how it will use match funds. If a successful applicant’s proposed match exceeds the required match amount, and OJP approves the budget, the total match amount incorporated into the approved budget becomes mandatory and subject to audit.

(“Match” funds may be used only for purposes that would be allowable for the federal funds.)

Recipients may satisfy this match requirement with either cash or in-kind services. See the DOJ Grants Financial Guide at https://ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.3b.htm for examples of “in-kind” services. The formula for calculating the match is:

Federal Award Amount = Adjusted (Total) Project Costs Federal Share Percentage

Required Recipient’s Share Percentage x Adjusted Project Cost = Required Match

Example: 50% match requirement: for a federal award amount of $350,000, calculate match as follows:

$350,000 = $700,000 50% x $700,000 = $350,000 match 50%

Award Special Condition – Withholding of Funds Pending PREA Implementation Plan Once awarded, each grant award will have in place a special condition withholding all but $25,000 and designating that the grantee finalize a PREA implementation plan within 180 days of receiving final approval of the project’s budget from OJP’s Office of the Chief Financial Officer. The recipient will not be authorized to obligate, expend, or draw down funds in excess of $25,000 until BJA has reviewed and approved the implementation plan and a Grant Adjustment Notice has been issued and approved to remove the special condition.

Each grantee will be assigned a TTA lead/coach who will support the finalization of the PREA implementation plan. The TTA leads/coaches will represent the organization, or team of organizations, that is competitively selected by BJA in FY 2019 under its Comprehensive Corrections Training and Technical Assistance solicitation.

11 Indian tribes and tribal organizations that otherwise are eligible for an award may be able to apply certain types of funds received from the federal government (for example, certain funds received under an Indian "self-determination contract") to satisfy all or part of a required "non-federal" match.

https://onlinegfmt.training.ojp.gov/ https://ojp.gov/funding/Apply/Resources/FinancialCapability.pdf https://ojp.gov/funding/Apply/Resources/FinancialCapability.pdf https://ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.3b.htm

Implementation plans must include:

• A description of the high-priority issues and challenges related to preventing, detecting, and responding to sexual abuse in confinement, and to implementing the PREA standards that the grantee has identified.

• A description of how funding will be used to address the priority issues and challenges that have been identified.

• A description of how the the proposed plan will be managed and monitored to support successful implementation.

• Steps to be taken by the grantee to help ensure that the activities supported by program resources are sustained after the project period ends.

• Justifications for any proposed changes to the project budget, if such changes are necessary.

• Demonstrated and continuing support for the project by agency leadership.

• Letters of commitment from external organizations that are expected to participate in the project, to the extent that letters have not already been provided.

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

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

Limitation on Use of Award Funds for Employee Compensation; Waiver With respect to any award of more than $250,000 made under this solicitation, a recipient may not use federal funds to pay total cash compensation (salary plus cash bonuses) to any employee of the recipient at a rate that exceeds 110 percent of the maximum annual salary payable to a member of the federal government’s Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year.12 The 2019 salary table for SES employees is available on the Office of Personnel Management website at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/19Tables/exec/html/ES.aspx. Note: A recipient may compensate an employee at a greater rate, provided the amount in excess of this compensation limitation is paid with non-federal funds. (Non-federal funds used for any such additional compensation will not be considered matching funds, where match requirements apply.) If only a portion of an

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

https://ojp.gov/financialguide/DOJ/index.htm https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/19Tables/exec/html/ES.aspx https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/19Tables/exec/html/ES.aspx employee's time is charged to an OJP award, the maximum allowable compensation is equal to the percentage of time worked times the maximum salary limitation.

The Assistant Attorney General for OJP may exercise discretion to waive, on an individual basis, this limitation on compensation rates allowable under an award. An applicant that requests a waiver should include a detailed justification in the Budget Narrative of its application. An applicant that does not submit a waiver request and justification with its application should anticipate that OJP will require the applicant to adjust and resubmit the budget.

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

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

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

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

C. Eligibility Information

For eligibility information, see title page.

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

https://www.ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.10a.htm https://ojp.gov/funding/Explore/LegalOverview/index.htm https://ojp.gov/funding/Explore/LegalOverview/index.htm https://ojp.gov/funding/index.htm

D. Application and Submission Information

What an Application Should Include This section describes in detail what an application should include. An applicant should anticipate that if it fails to submit an application that contains all of the specified elements, it may negatively affect the review of its application; and, should a decision be made to make an award, it may result in the inclusion of award conditions that preclude the recipient from accessing or using award funds until the recipient satisfies the conditions and OJP makes the funds available.

Moreover, an applicant should anticipate that an application that OJP determines is nonresponsive to the scope of the solicitation, or that OJP determines does not include the application elements that BJA has designated to be critical, will neither proceed to peer review, nor receive further consideration. For this solicitation, BJA has designated the following application elements as critical: Program Narrative, Budget Detail Worksheet and Budget Narrative, and executive-level letter(s) of commitment from the agency or agencies that are proposed to receive funding.

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

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

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

1. Information to Complete the Application for Federal Assistance (SF-424)

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

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

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

A new applicant entity should enter its official legal name in box 8a, its address in box 8d, its EIN in box 8b, and its Data Universal Numbering System (DUNS) number in box 8c of the

SF-424. A new applicant entity should attach official legal documents to its application (e.g., articles of incorporation, 501(c)(3) status documentation, organizational letterhead, etc.) to confirm the legal name, address, and EIN entered into the SF-424. OJP will use the System for Award Management (SAM) to confirm the legal name and DUNS number entered in the SF-424; therefore, an applicant should ensure that the information entered in the SF-424 matches its current registration in SAM. See the How To Apply section for more information on SAM and DUNS numbers.

Intergovernmental Review: This solicitation ("funding opportunity") is not subject to Executive Order 12372. (In completing the SF-424, an applicant is to answer question 19 by selecting the response that the “Program is not covered by E.O. 12372.”)

2. Project Abstract

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

• Written for a general public audience.

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

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

• Clearly labeled and include the following information:

o Legal name of the grant recipient and the title of the project.

o Project’s proposed objectives and deliverables, as outlined under "Objectives and Deliverables" in Section A. Program Description.

o Identification of all priority considerations to be addressed through the grant (if applicable).

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

3. Program Narrative The program narrative should be double-spaced, using a standard 12-point font (Times New Roman preferred); have 1-inch margins; and should not exceed 15 pages. Pages should be numbered “1 of 15,” “2 of 15,” etc. If the program narrative fails to comply with these length-related restrictions, BJA may consider such noncompliance in peer review and in final award decisions.

The following sections should be included as part of the program narrative:13

a. Description of the Issue

b. Project Design and Implementation

c. Capabilities and Competencies

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

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

https://www.archives.gov/federal-register/codification/executive-order/12372.html

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

Applicants should visit OJP’s performance measurement page at www.ojp.gov/performance for an overview of performance measurement activities at

OJP.

Post award, recipients will be required to submit quarterly performance metrics through BJA’s online Performance Measurement Tool (PMT), located at https://bjapmt.ojp.gov.

Applicants should review the complete list of PREA performance measures at:

https://bjapmt.ojp.gov/help/PREAMeasures.pdf.

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

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

Note on Project Evaluations An applicant that proposes to use award funds through this solicitation to conduct project evaluations should be aware that certain project evaluations (such as systematic investigations designed to develop or contribute to generalizable knowledge) may constitute “research” for purposes of applicable DOJ human subjects protection regulations. However, project evaluations that are intended only to generate internal improvements to a program or service, or are conducted only to meet OJP’s performance measure data reporting requirements, likely do not constitute “research.”

Each applicant should provide sufficient information for OJP to determine whether the particular project it proposes would either intentionally or unintentionally collect and/or use information in such a way that it meets the DOJ definition of research that appears at 28 C.F.R. Part 46 (“Protection of Human Subjects”).

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

46.102(d).

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

https://www.ojp.gov/performance https://bjapmt.ojp.gov/ https://bjapmt.ojp.gov/help/PREAMeasures.pdf https://ojp.gov/funding/Explore/SolicitationRequirements/EvidenceResearchEvaluationRequirements.htm https://ojp.gov/funding/Explore/LegalOverview/index.htm https://ojp.gov/funding/index.htm

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

4. Budget and Associated Documentation

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