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

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

Upholding the Rule of Law and Preventing Wrongful Convictions Program FY 2020 Competitive Grant Solicitation

CFDA #16.746

Grants.gov Solicitation Number: BJA-2020-17139

Solicitation Release Date: February 11, 2020

Application Deadline: 11:59 p.m. eastern time on April 13, 2020

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is seeking applications for funding to evaluate specific judicial outcomes and assess prospective risk factors that might impact a wrongful conviction. This program furthers the Department’s mission by ensuring the fair and consistent application of the rule of law in order to ensure the sustained integrity of the criminal justice system.

This solicitation incorporates the OJP Grant Application Resource Guide by reference. It provides guidance to applicants on how to prepare and submit applications for funding to OJP. If this solicitation expressly modifies any provision in the OJP Grant Application Resource Guide, the applicant is to follow the guidelines in this solicitation as to that provision.

Eligibility (Who may apply):

The following entities are eligible to apply:

• Nonprofit organizations (including tribal nonprofit organizations),

• Institutions of higher education

• State or local public defender offices that have in-house post-conviction representation programs that show demonstrable experience and competence in litigating post-conviction claims of innocence.

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

Contact information For technical assistance with submitting an application, contact the Grants.gov Customer Support Hotline at 800–518–4726 or 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.

https://www.usdoj.gov/ https://www.ojp.usdoj.gov/ https://bja.ojp.gov/ https://bja.ojp.gov/ https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm https://www.grants.gov/web/grants/support.html mailto:support@grants.gov https://Grants.gov mailto:support@grants.gov https://www.grants.gov/web/grants/support.html https://Grants.gov

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 (Grants.gov) section in the OJP Grant Application Resource Guide.

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.

Deadline Details 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 April 13, 2020.

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.

An applicant must use the Add Attachment button to attach a file to its application. Do not click the paperclip icon to attach files. This action will not attach the files to the application. After adding an attachment, select the View Attachment button to confirm you attached the correct file. To remove the file, select the Delete Attachment button.

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

For additional information, see the How to Apply (Grants.gov) section in the OJP Grant Application Resource Guide.

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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 Match 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 (Grants.gov)

Registration and Submission Steps

E. Application Review Information

Review Criteria

Review Process

F. Federal Award Administration Information

Federal Award Notices

Administrative, National Policy, and Other Legal Requirements

Information Technology (IT) Security Clauses

General Information About Post-Federal Award Reporting Requirements

G. Federal Awarding Agency Contact(s)

H. Other Information

Freedom of Information and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a)

Provide Feedback to OJP

Appendix A: Performance Measures Table

Appendix B: Application Checklist

BJA-2020-17139

UPHOLDING THE RULE OF LAW AND

PREVENTING WRONGFUL CONVICTIONS

(ROL/WCR) PROGRAM

CFDA # 16.746

A. Program Description Overview The Upholding the Rule of Law and Preventing Wrongful Convictions (ROL/WCR) Program is committed to protecting the integrity of the criminal justice system and the consistent application of due process for all. The ROL/WCR Program supports efforts by wrongful conviction review entities (WCR entities) that represent individuals with post-conviction claims of innocence to review individual cases.

Statutory Authority Any awards under this solicitation will be made pursuant to the Department of Justice Appropriations Act, 2020, Pub. L. No. 116-93, 133 Stat 2317, 2407.

Program-Specific Information The ROL/WCR Program supports. Wrongful Conviction Review entities providing high quality and efficient post-conviction representation for defendants in post-conviction claims of innocence. Where possible, the ROL/WCR Program seeks to identify actual perpetrators of crimes, bring justice to victim(s), and enact measures to prevent future errors and ensure justice, thereby enhancing public safety.

ROL/WCR funding will support the following activities:

Wrongful Conviction Review Entity-Led Strategy A strategy led by a WCR entity that focuses on review of post-conviction claims of innocence. This strategy may include a range of activities as identified in the budget section on page 6. Specifically:

• Jurisdictions with new or established WCR entities are encouraged to apply.

• The applicant’s strategic plan should review, investigate, and adjudicate individual cases of post-conviction claims of innocence and appeals. Funds requested must support high quality and efficient post-conviction representation for defendants in post-conviction claims of innocence.

• The strategy should also include an assessment of the risk for wrongful conviction among the reviewed cases. This assessment should support the prevention of wrongful conviction, including setting criteria and prioritizing for review those at highest risk of wrongful conviction, as well as to seek to identify the actual perpetrator.

• If the WCR entity application includes a partnership with the relevant prosecutor’s office or CIU, applicants must include description of policies and procedures designed to avoid conflicts of interest and protect defendant’s rights, including plans for obtaining waiver of attorney/client privileges and informed consent.

All applicant organizations should show their capacity and commitment of their key partners to conduct this work, including demonstrable experience and competence with legal representation

BJA-2020-17139

of post-conviction claims of innocence and appeals. Each applicant must describe how it will devote resources to coordinate the intake screening, investigation, and representation of post-conviction and appeals innocence claims.

A national training and technical assistance (TTA) provider will support grantees in meeting the requirements of this award. For more information, see the ROL/WCR webpage.

Objectives and Deliverables The objectives of the ROL/WCR Program are to:

• Strategically review cases of post-conviction and appeals claims of innocence with a focus on those at greatest risk for error.

• Establish or enhance partnerships, where appropriate, to apply a strategic review of individual post-conviction claims of innocence and appeals, and where relevant to use this information to inform efforts to prevent wrongful convictions.

• Identify and apprehend, whenever possible, the actual perpetrator of a crime.

• Evaluate whether or not any systemic issues exist that may compromise the rule of law and recommend practices for mitigating them and preventing wrongful convictions.

The expected deliverables are to:

• Identify and report the number of post-conviction and appeals claims of innocence cases reviewed and the stage of review conducted for each case.

• Document a systematic review of areas of risk for wrongful conviction, and recommend any strategies to mitigate these risks.

The Objectives and Deliverables are directly related to the performance measures that demonstrate the results of the work completed, as discussed under What an Application Should Include.

Evidence-Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policymaking and program development in criminal justice, juvenile justice, and crime victim services. For additional information and resources on evidence-based programs or practices, see the OJP Grant Application Resource Guide.

Information Regarding Potential Evaluation of Programs and Activities Applicants should note that OJP may conduct or support an evaluation of the programs and activities funded under this solicitation. For additional information, see the OJP Grant Application Resource Guide section titled Information Regarding Potential Evaluation of Programs and Activities.

B. Federal Award Information Maximum number of awards BJA expects to make 12

Estimated maximum dollar amount for each award $300,000

Total amount anticipated to be awarded under solicitation $3,600,000

Period of performance start date October 1, 2020

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Period of performance duration 24 months

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 awards under this solicitation as grants. See the Administrative, National Policy, and Other Legal Requirements section of the OJP Grant Application Resource Guide for additional information.

Financial Management and System of Internal Controls Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities) must, as described in the Part 200 Uniform Requirements1 as set out at 2 C.F.R.

200.303, comply with standards for financial and program management. See the OJP Grant Application Resource Guide for additional information.

Budget Information Applications are solicited to review cases of potentially wrongfully convicted individuals and to support providing high quality and efficient post-conviction representation for defendants in post-conviction claims of innocence. Grant funds may be used for case review, evaluation, and management; experts; and investigation services related to these innocence claims. For questions pertaining to budget and examples of allowable and unallowable costs, see the DOJ Grants Financial Guide at https://ojp.gov/financialguide/DOJ/index.htm

Cost Sharing or Match Requirement This solicitation does not require a match.

Please see the OJP Grant Application Resource Guide for information on the following:

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 For eligibility information, see title page.

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

D. Application and Submission Information This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the “Disclosure of Process Related to Executive Compensation” provisions in the “Application Attachments” section of the OJP Grant Application Resource Guide.

What an Application Should Include The following application elements MUST be included in the application submission for an application to meet the basic minimum requirements (BMR) to advance to peer review and

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

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See the Application Elements and Formatting Instructions section of the OJP Grant Application Resource Guide for information on what happens to an application that does not contain all of the specified elements or that is nonresponsive to the scope of the solicitation.

1. Application for Federal Assistance (Standard Form (SF)-424) The SF-424 is a required standard form used as a cover sheet for submission of preapplications, applications, and related information. See the OJP Grant Application Resource Guide for additional information on completing the SF-424.

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 Include an abstract that summarizes the proposed project in 400 words or fewer. Project abstracts should:

• Be written for a general public audience.

• Identify lead applicant.

• Identify the partner(s) involved in the project, if any.

• Identify the issues the applicant jurisdiction is facing regarding wrongful conviction

(e.g. wrongful conviction post-conviction review, number of requests, number of cases reviewed, number of exonerations).

• Identify the areas of focus in preventing and responding to wrongful conviction.

• Identify the geographic focus area, if any.

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

• Be single-spaced, using a standard 12-point Times New Roman font with 1-inch margins.

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

3. Program Narrative The Program Narrative should respond to the solicitation and review criteria listed below in the order given. The Program Narrative should be double-spaced, using a standard 12-point Times New Roman font with 1-inch margins, and must not exceed 15 pages. Please number pages “1 of 15,” “2 of 15,” etc.

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

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

a. Statement of the Problem

b. Project Design and Implementation

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c. Capabilities and Competencies

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

OJP will require each successful applicant to submit regular performance data that demonstrate the results of the work carried out under the award. 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 https://www.ojp.gov/funding/apply/grant-performance-measurement-and-progress-reporting-information for an overview of performance measurement activities at OJP.

Examples of the types of performance and accountability data that will be required can be found in Appendix A: Performance Measures Table. BJA is currently developing the performance measures for this program, and they will be shared with grantees upon acceptance of their awards.

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.

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

Award recipients will be required to provide the relevant data by submitting bi-annual performance metrics as part of their progress reports in GMS.

Note on Project Evaluations An applicant that proposes to use award funds through this solicitation to conduct project evaluations should follow the guidance under Note on Project Evaluations in the OJP Grant Application Resource Guide.

Please see the OJP Grant Application Resource Guide for information on the following:

4. Budget Information and Associated Documentation in the Budget Preparation and Submission Information section.

5. Indirect Cost Rate Agreement

6. Tribal Authorizing Resolution (if applicable)

7. Financial Management and System of Internal Controls Questionnaire (including applicant disclosure of high-risk status)

8. Disclosure of Lobbying Activities

9. Applicant Disclosure of Pending Applications

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10. Applicant Disclosure and Justification – DOJ High Risk Grantees2 (if applicable)

11. Research and Evaluation Independence and Integrity

If an application proposes research (including research and development) and/or evaluation, the applicant must demonstrate research/evaluation independence and integrity, including appropriate safeguards, before it may receive award funds. For additional information regarding demonstrating research/evaluation independence and integrity, including appropriate safeguards, see the OJP Grant Application Resource Guide.

12. Additional Attachments

a. Memorandum of Understanding: Applicants are encouraged to submit a signed Memorandum of Understanding (MOU) or a signed Letter of Intent (LOI) to enter into a MOU from key partners. The partners should state their commitment and involvement to the project and describe their role in assisting efforts as presented in the application. The MOU/LOI information will be considered in the review process for all applications considered for funding.

b. Project Timeline: Attach a project timeline with each project objective, activity, expected completion date, and responsible person or organization.

c. Position Descriptions/Résumés: Attach position descriptions for the key positions and résumés for current staff in addition to job posting descriptions for anticipated new hires. If the applicant is hiring, please detail in the timeline when it anticipates the hiring process to be complete and when any new hire’s efforts will commence.

d. Applicant Disclosure of Proposed Subrecipients: Attach a list of proposed subrecipients of grant funding, if applicable, that includes the name, organizational affiliation, and location of the proposed subrecipient entity.

e. Conflict of Interest Policies: Attach conflict of interest policies for partnerships where relevant.

How To Apply (Grants.gov) Applicants must register in and submit applications through Grants.gov, a primary source to find federal funding opportunities and apply for funding. Find information on how to apply in response to this solicitation in the OJP Grant Application Resource Guide.

Registration and Submission Steps Applicants will need the following identifying information when searching for the funding opportunity on Grants.gov:

1. CFDA #16.746 “Capital Case Litigation Initiative”

2. Grants.gov Solicitation Number: BJA-2020-17139

For information on each registration and submission step, see the OJP Grant Application Resource Guide.

2 A “DOJ High Risk Grantee” is a recipient that has received a DOJ High-Risk designation based on a documented history of unsatisfactory performance, financial instability, management system or other internal control deficiencies, or noncompliance with award terms and conditions on prior awards, or that is otherwise not responsible.

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E. Application Review Information Review Criteria Applications that meet basic minimum requirements will be evaluated by peer reviewers using the following review criteria.

1. Statement of the Problem (15 percent) Identify the challenge the applicant faces in reviewing post-conviction claims of innocence and mitigating the risk of wrongful conviction. Provide data on the number of innocence claims, exonerations resulting from the work of the WCR entities, and areas of risk for error. Describe any problem(s) regarding the review or development of strategies that could prevent wrongful convictions.

Describe how additional resources would impact the applicant and any partner’s ability to address violent crime and improve public safety, as relevant.

Describe any specific challenges or issues that impact the need in the jurisdiction(s) the applicant serves. Describe the applicant’s intake policy, including how cases are screened, and stages of case review, including the number of cases processed in the last two calendar years (2018 and 2019), if any, and the case outcomes. Detail at what stage of the process these cases were completed or closed. Identify the number of cases in which actual perpetrators have been identified, and whether they have been involved in violent crimes. Describe any problem around the ability to screen, evaluate, and process claims, including any problems or shortfalls in providing investigative services and quality reviews to wrongfully convicted defendants.

Describe any regional, state, or local issues impacting the lack of adequate review in these cases in relation to the number of potential cases. Include whether the applicant or jurisdiction has a current backlog of cases, including cases with the WCR entities, and the defense organization involved in the project, as applicable.

2. Project Design and Implementation (40 percent)

Describe the strategy to address the needs identified in the Statement of the Problem, particularly any anticipated needs or areas of specific concern. Describe area(s) of focus for the project (e.g., eyewitness evidence, confession documentation, forensic evidence, etc.). Discuss how funding under this initiative will address these concerns and reduce the risk of wrongful convictions and violent perpetrators eluding prosecution. Discuss how the applicant will improve the quality and efficacy of case reviews; how it will contribute to improvements in the speed and efficiency with which claims are handled;

and how it will support the unwavering rule of law and improve the overall administration of justice in the targeted jurisdiction(s). Describe how the project differs, complements, or builds upon the efforts of other offices in the region, state, or locality that are also involved with potentially innocent defendants in post-conviction proceedings.

Describe how the current or planned WCR entity have and/or will work to review post-conviction claims of innocence and areas of risk for wrongful convictions, if applicable.

Describe whether the project design seeks to build capacity by hiring or building infrastructure to begin accepting cases and whether the applicant currently has the capacity to accept cases or rather seeks to expand current caseloads.

3. Capabilities and Competencies (20 percent)

Describe the management structure for implementation of the strategy, including staffing and key partners. Describe how the partners, if any, will work together to implement the key project elements. Provide information, if any, on past efforts and/or outcomes as a result of this partnership, and why it will enhance efforts in this area.

Describe the applicant’s current capacity to handle post-conviction and appeals claims of innocence and current efforts to mitigate the risk of wrongful convictions. Describe the specific qualifications of all staff and partners. Demonstrate the overall capability to implement the project successfully. If the applicant is planning to hire staff, provide job posting descriptions and describe the anticipated recruitment efforts. Describe how this structure will be tied to the strategy identified in the Project Design and Implementation section. Provide position descriptions outlining the roles and responsibilities of the key positions and résumés for current staff (as an attachment).

4. Plan for Collecting the Data Required for this Solicitation’s Performance Measures (15 percent)

Describe the process for measuring project performance. Identify who will collect the data; who is responsible for performance measurements; and how the information will be used to guide and evaluate the impact of the project. Describe the process to accurately report implementation findings. Outline a strategy for sustaining the project when the federal grant period ends.

5. Budget (10 percent)

Complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities). Budget narratives should demonstrate generally how applicants will maximize cost effectiveness of grant expenditures. Budget narratives should demonstrate cost effectiveness in relation to potential alternatives and the objectives of the project.3

Expenses must be spent on providing high quality and efficient post-conviction representation for defendants in post-conviction claims of innocence, consistent with the parameters set in the solicitation.

The applicant should also budget for one BJA-sponsored conference. The BJA-sponsored conference is anticipated to be a 2-day event, which will take place in Washington, D.C.

Review Process BJA reviews an application to make sure that the information presented is reasonable, understandable, measurable, achievable, and consistent with the solicitation requirements. See the OJP Grant Application Resource Guide for information on the application review process for this solicitation.

In addition, if OJP anticipates that an award will exceed $250,000 in federal funds, OJP also must review and consider any information about the applicant that appears in the nonpublic segment of the integrity and performance system accessible through SAM (currently, the

3 Generally speaking, a reasonable cost is a cost that, in its nature or amount, does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the costs.

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Federal Awardee Performance and Integrity Information System, FAPIIS).

Important note on FAPIIS: An applicant, at its option, may review and comment on any information about itself that currently appears in FAPIIS and was entered by a federal awarding agency. OJP will consider any such comments by the applicant, in addition to the other information in FAPIIS, in its assessment of the risk posed by the applicant.

Absent explicit statutory authorization or written delegation of authority to the contrary, all final award decisions will be made by the Assistant Attorney General, who may take into account not only peer review ratings and BJA recommendations, but also other factors as indicated in this section.

F. Federal Award Administration Information Please see the OJP Grant Application Resource Guide for information on the following:

Federal Award Notices

Administrative, National Policy, and Other Legal Requirements

OJP strongly encourages prospective applicants to review information on post-award legal requirements and common OJP award conditions prior to submitting an application.

If selected for funding, in addition to implementing the funded project consistent with the OJP-approved application, the recipient must comply with all award conditions, and all applicable requirements of federal statutes and regulations (including applicable requirements referred to in the assurances and certifications executed in connection with award acceptance).

For additional information on these legal requirements, see the “Administrative, National Policy, and Other Legal Requirements” section in the OJP Grant Application Resource Guide.

Information Technology (IT) Security Clauses

General Information About Post-Federal Award Reporting Requirements

In addition to the deliverables described in Section A. Program Description, any recipient of an award under this solicitation will be required to submit certain reports and data.

Required reports. Recipients typically must submit quarterly financial reports, semi-annual progress reports, final financial and progress reports, and, if applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions. Future awards and fund drawdowns may be withheld if reports are delinquent. (In appropriate cases, OJP may require additional reports.)

See the OJP Grant Application Resource Guide for additional information on specific post-award reporting requirements, including performance measures data.

G. Federal Awarding Agency Contact(s) For OJP contact(s), see page 2.

For contact information for Grants.gov, see title page.

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H. Other Information

Please see the OJP Grant Application Resource Guide for information on the following:

Freedom of Information and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. § 552a) Provide Feedback to OJP

BJA-2020-17139

https://ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#foia https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#feedback

Appendix A: Performance Measures Table

Objective Catalog

ID

Performance Measures

Data Recipient Provides

Strategically 30 Percent Number of requests for review you received through review cases of increase in your intake process during the reporting period.

post-conviction number of • Defendant initiated requests: ____ and appeals cases reviewed • Internally initiated requests: ____ claims of for potential • Criminal Justice Stakeholder: _____ innocence with wrongful a focus on those at most risk for convictions Number of requests you received in the 6-month reporting period:

error.

• Moved forward to a secondary review process: ____

• Rejected: ____

• Pending: ___

Of those requests that were rejected, how many were rejected for the following reasons:

• Procedural or technical Issue

• Substantive Issue (Strong evidence individual committed crime)

• Other

• If other, describe

Of those requests that moved forward to a secondary review, how many involved:

• Eye witness identification

• False confession

• Prosecution withheld evidence (Brady

Violation)

• Forensic evidence

• Ineffective assistance of counsel

• Other

Of those that moved forward to a secondary review, how many involved:

• Homicide

• Sexual Assault

• Assault

• Robbery

• Burglary

• Arson

• Other Crime

• If other, describe

Identify and Percent Number of cases that were verified as a wrongful apprehend, 252 increase of conviction this reporting period whenever actual possible, the perpetrators

Objective Catalog

ID

Performance Measures

Data Recipient Provides actual identified Once identified as a wrongful conviction case, what are perpetrator of a through re- the next steps?

crime. examination of evidence in • Submitted new lead to prosecutor’s office for handling post- review/investigation conviction innocence claims

• Partnered on systems review based on case findings

• Other, please explain.

Percent of

531 cases in which actual During the reporting period, what were the legal perpetrators outcomes of verified wrongful convictions?

are identified through re- • Vacated examination of evidence in • Pardon post-conviction • Other

Appendix B: Application Checklist

Upholding the Rule of Law and Preventing Wrongful Convictions Program

FY 2020 Competitive Grant Solicitation

This application checklist has been created as an aid in developing an application.

What an Applicant Should Do:

Prior to Registering in Grants.gov:

� Acquire a DUNS Number (see OJP Grant Application Resource Guide)

� Acquire or renew registration with SAM (see OJP Grant Application Resource Guide)

To Register with Grants.gov:

� Acquire AOR and Grants.gov username/password (see OJP Grant Application

Resource Guide)

� Acquire AOR confirmation from the E-Biz POC (see OJP Grant Application Resource Guide)

To Find Funding Opportunity:

� Search for the Funding Opportunity on Grants.gov (see OJP Grant Application

Resource Guide)

� Access Funding Opportunity and Application Package (see OJP Grant Application Resource Guide)

� Sign up for Grants.gov email notifications (optional) (see OJP Grant Application Resource Guide)

� Read Important Notice: Applying for Grants in Grants.gov

� Read OJP policy and guidance on conference approval, planning, and reporting available at ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.10a.htm

(see OJP Grant Application Resource Guide)

After Application Submission, Receive Grants.gov Email Notifications That:

� (1) Application has been received

� (2) Application has either been successfully validated or rejected with errors (see the OJP Grant Application Resource Guide)

If No Grants.gov Receipt, and Validation or Error Notifications are Received:

� Contact BJA regarding experiencing technical difficulties

(see OJP Grant Application Resource Guide)

Overview of Post-Award Legal Requirements:

� Review the “Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2020 Awards” in the OJP Funding Resource Center.

BJA-2020-17139

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Scope Requirement:

� The federal amount requested is within the allowable limit of $300,000.

Eligibility Requirement:

Eligible applicants are limited to nonprofit organizations (including tribal nonprofit organizations), institutions of higher education, and/or state or local public defender offices that have in-house post-conviction representation programs that show demonstrable experience and competence in litigating post-conviction claims of innocence.

What an Application Should Include:

The following items are critical application elements required to pass Basic Minimum Requirements review. An application that OJP determines does not include the application elements that must be included in the application submission in order for the application to meet the basic minimum requirements will neither proceed to peer review,nor receive further consideration.

� Program Narrative (see page 7) � Budget Detail Worksheet (see page 8) � Budget Narrative (see page 11)

� Application for Federal Assistance (SF-424) (see OJP Grant Application Resource Guide)

� Project Abstract (see page 7)

� Indirect Cost Rate Agreement (if applicable) (see OJP Grant Application Resource Guide)

� Tribal Authorizing Resolution (if applicable) (see OJP Grant Application Resource Guide)

� Financial Management and System of Internal Controls Questionnaire (see OJP Grant Application

Resource Guide)

� Disclosure of Lobbying Activities (SF-LLL) (see OJP Grant Application Resource Guide)

� Applicant Disclosure of Pending Applications (see OJP Grant Application Resource Guide)

� Applicant Disclosure and Justification – DOJ High Risk Grantees (if applicable) (see OJP Grant Application Resource Guide)

� Research and Evaluation Independence and Integrity (see OJP Grant Application Resource Guide)

BJA-2020-17139

https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#completeApplication https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#completeApplication https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#indirectCosts https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#indirectCosts https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#tribalAuthorizing https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#tribalAuthorizing https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#internalControlsQuestionnaire https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#internalControlsQuestionnaire https://ojp.gov/funding/Apply/Resources/Disclosure.pdf https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#lobbyingActivity https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#lobbyingActivity https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#applicantDisclosure https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#applicantDisclosure https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#applicantDisclosureHR https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#researchAndEvaluation https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#researchAndEvaluation

Additional Attachments:

� Request and Justification for Employee Compensation; Waiver (if applicable) (see page 7)

� Memorandum of Understanding (see page 9)

� Project Timeline (see page 9)

� Position Descriptions/Résumés (see page 9)

� Applicant Disclosure of Proposed Subrecipients (see page 9)

� Conflict of Interest Policies (see page 9)

A. Program Description
Overview
Program-Specific Information
Objectives and Deliverables
The objectives of the ROL/WCR Program are to:
The expected deliverables are to:
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 Match 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
This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the “Disclosure of Process Related to Executive Compensation” provisions in the “Application Attachments” section of the OJP Grant Application Resource ...
What an Application Should Include
1. Application for Federal Assistance (Standard Form (SF)-424)
2. Project Abstract
3. Program Narrative
a. Statement of the Problem
b. Project Design and Implementation
c. Capabilities and Competencies
d. Plan for Collecting Data Required for this Solicitation’s Performance Measures
4. Budget Information and Associated Documentation in the Budget Preparation and Submission Information section.
5. Indirect Cost Rate Agreement
6. Tribal Authorizing Resolution (if applicable)
7. Financial Management and System of Internal Controls Questionnaire (including applicant disclosure of high-risk status)
8. Disclosure of Lobbying Activities
9. Applicant Disclosure of Pending Applications
11. Research and Evaluation Independence and Integrity
12. Additional Attachments
How To Apply (Grants.gov)
Registration and Submission Steps
1. CFDA #16.746 “Capital Case Litigation Initiative”
2. Grants.gov Solicitation Number: BJA-2020-17139
E. Application Review Information
Review Criteria
Review Process
F. Federal Award Administration Information
Federal Award Notices
Administrative, National Policy, and Other Legal Requirements
Information Technology (IT) Security Clauses
General Information About Post-Federal Award Reporting Requirements
G. Federal Awarding Agency Contact(s)
H. Other Information
Freedom of Information and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. § 552a)
Provide Feedback to OJP
Appendix A: Performance Measures Table
Appendix B: Application Checklist

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