PKG00258273-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 Intellectual Property Enforcement Program: Protecting Public Health, Safety, and the Economy from Counterfeit Goods and Product Piracy FY 2020 Competitive Grant Solicitation

CFDA: #16.752

Grants.gov Solicitation Number: BJA-2020-17272

Solicitation Release Date: February 12, 2020

Application Deadline: 11:59 p.m. eastern time on April 14, 2020

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

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

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

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:

• state, local, municipal law enforcement agencies, to include law enforcement agencies within institutions of higher education (including tribal institutions of higher education),

• prosecutors, and

• federally recognized Indian tribal governments

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

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

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

https://www.usdoj.gov/ https://www.ojp.usdoj.gov/ https://www.bja.gov/ https://www.bja.gov/ https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm

BJA-2020-17272

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.

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 14, 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.

https://www.grants.gov/web/grants/support.html mailto:support@grants.gov https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply mailto:grants@ncjrs.gov https://webcontact.ncjrs.gov/ncjchat/chat.jsp https://www.grants.gov/web/grants/register.html https://ojp.gov/funding/Apply/Grants-govInfo.htm https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply

Contents

A. Program Description

Overview Program Specific Information

Deliverables OJP Priority Areas 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 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) Appendix: Application Checklist

THE INTELLECTUAL PROPERTY

ENFORCEMENT PROGRAM: PROTECTING

PUBLIC HEALTH, SAFETY, AND THE ECONOMY

FROM COUNTERFEIT GOODS AND

PRODUCT PIRACY (IPEP)

CFDA #16.752

A. Program Description Overview The Intellectual Property Enforcement Program (IPEP) is designed to improve the capacity of state, local, tribal, and territorial criminal justice systems to address intellectual property (IP) enforcement, including prosecution, prevention, and training and technical assistance. Awards will support law enforcement agencies which have an IP enforcement task force or plan to create one. These task forces will collaborate with relevant state, local, territorial, tribal, and federal agencies, including their local U.S. Attorney’s Office (USAO), to fulfill program goals.

Statutory Authority: FY20(BJA - IP Enforcement) Pub. L. No. 116-93, 133 Stat 2317, 2407

Program Specific Information The BJA Intellectual Property Enforcement Program: Protecting Public Health, Safety and the Economy from Counterfeit Goods and Product Piracy program is specifically designed to support the Department’s mission to investigate and prosecute intellectual property crimes.

This will be accomplished by assisting state, local and tribal jurisdictions to build partnerships with federal agencies and prosecutors. This program will also work to prevent and reduce intellectual property theft and related crimes through community and buyer awareness. IPEP includes an educational component to assist uninformed buyers in determining the authenticity of seemingly legitimate websites that instead deceive consumers into purchasing counterfeit goods.

Objectives Applicants must propose to achieve improved coordination of IP enforcement efforts among federal, state, and local authorities in their jurisdictions, thereby contributing to the Department’s priority of reducing crime. Specifically, they must propose to aggressively investigate and prosecute IP crimes, with a particular focus on:

(1) public health and safety;

(2) theft of trade secrets and economic espionage; and

(3) large-scale commercial counterfeit and piracy.

Projects funded under this solicitation shall:

• establish and/or enhance state, local, tribal, or territorial IP enforcement task forces;

• engage federal agencies as part of the task force or information-sharing practice (including, where appropriate, local offices of the Federal Bureau of Investigation (FBI), U.S. Immigration and Customs Enforcement’s Homeland Security Investigation (ICE HSI), the U.S. Postal Inspection Service (USPIS), and the USAO;

• show possible IP links to organized crime, criminal gangs, and/or drug trafficking;

• identify IP thefts in the areas of trade secrets, health, and safety; and commercial online piracy and counterfeiting;

• conduct quarterly meetings of the task force members to update, discuss, and collaborate on IP investigations, prosecutions, training, and public awareness activities (a detailed plan for this must be documented in the attached timeline); and

• provide to all relevant partners documented information about targeting, investigation, analysis, and prosecution of matters involving IP crimes as it relates to violations of state and local criminal statutes.

Deliverables Establish or expand existing IP enforcement task forces comprising state, local, tribal, territorial, or campus law enforcement entities,

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

• Ensuring deconfliction1 of participating agencies’ investigative and enforcement efforts.

Grantees and any task force-participating agencies are required to deconflict task force investigations and events through one of the entities of the Nationwide Officer Safety Event Deconfliction program: Case Explorer, SAFETNet, or RISSafe. More information can be obtained at https://www.ncirc.gov/Deconfliction/

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.

OJP Priority Areas In FY 2020, and in addition to executing any statutory prioritization that may be applicable, OJP will give priority consideration to applications as follows:

• Applications that address specific challenges that rural communities face.

• Applications that demonstrate that the individuals who are intended to benefit from the requested grant reside in high-poverty areas or persistent-poverty counties.

• Applications that offer enhancements to public safety in economically distressed communities (Qualified Opportunity Zones).

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

https://www.ncirc.gov/Deconfliction/

To receive priority consideration under the rural priority, applicants must describe what makes the geographic service area rural (using U.S. Census or other appropriate government data; for assistance, applicants may wish to refer to https://www.census.gov/programs-surveys/geography/guidance/geo-areas/urban-rural.html), how isolated the area is from needed services, and how they will address specific challenges in rural communities.

To receive priority consideration under the poverty priority, the applicant must provide information to demonstrate that the individuals who are intended to benefit from the requested grant reside in high-poverty areas or persistent poverty counties. For purposes of this priority consideration, the term ‘‘high-poverty area’’ means any census tract with a poverty rate of at least 20 percent as measured by the 2013–2017 5-year data series available from the American Community Survey of the Census Bureau (applicants may search by census tract at https://www.census.gov/acs/www/data/data-tables-and-tools/narrative-profiles/2017/) and the term ‘‘persistent poverty counties’’ means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates (applicants may search by county at https://www.census.gov/data/tables/time-series/dec/census-poverty.html and at https://www.census.gov/programs-surveys/saipe.html).

To receive priority consideration under the Qualified Opportunity Zones priority, applicants must include information that specifies how the project will enhance public safety in the specified QOZs. For resources on QOZs, and for a current list of designated QOZs, see the U.S.

Department of the Treasury’s resource webpage, accessible at https://www.cdfifund.gov/pages/opportunity-zones.aspx.

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 6

Estimated maximum dollar amount for each award $400,000

Total amount anticipated to be awarded under solicitation $2,400,000

Period of performance start date October 1, 2020

Period of performance duration 24 months https://www.census.gov/programs-surveys/geography/guidance/geo-areas/urban-rural.html https://www.census.gov/programs-surveys/geography/guidance/geo-areas/urban-rural.html https://www.census.gov/acs/www/data/data-tables-and-tools/narrative-profiles/2017/ https://www.census.gov/data/tables/time-series/dec/census-poverty.html https://www.census.gov/data/tables/time-series/dec/census-poverty.html https://www.census.gov/programs-surveys/saipe.html https://www.cdfifund.gov/pages/opportunity-zones.aspx https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#evidenceBased https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#evidenceBased https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#potentialEvaluation https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#potentialEvaluation

BJA may, in certain cases, provide additional funding in future years to awards made under this solicitation, through continuation awards. OJP will consider, among other factors, OJP’s strategic priorities, a recipient’s overall management of the award, and progress of award-funded work, when making continuation-award decisions.

Under this solicitation, only one application by any particular applicant entity will be considered.

An entity may, however, be proposed as a subrecipient (subgrantee) in more than one application.

BJA may elect to fund applications submitted under this FY 2020 solicitation in future fiscal years, dependent on, among other considerations, the merit of the applications and on the availability of appropriations.

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 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 Requirements2 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

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.

2 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.

https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#otherLegalRequirements https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#financialManagement https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#financialManagement https://ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#pre-agreement https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#UseOfAwardFunds https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#reportingCosts https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#languageAssistance

D. Application and Submission Information 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 receive consideration for funding: Program Abstract, Program Narrative, Budget Detail Worksheet and Budget Narrative, Timelines, and copies of any memorandum of understanding or cooperative agreement for agencies working as part of the task force as identified in the application.

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 subject to Executive Order 12372. An applicant may find the names and addresses of State Single Points of Contact (SPOCs) at the following website: https://www.whitehouse.gov/wp-content/uploads/2017/11/Intergovernmental_-Review-_SPOC_01_2018_OFFM.pdf. If the applicant’s State appears on the SPOC list, the applicant must contact the State SPOC to find obtain information about and comply with the State’s process under E.O. 12372. In completing the SF-424, an applicant whose State appears on the SPOC list is to make the appropriate selection in response to question 19 once the applicant has complied with its State E.O. 12372 process. (An applicant whose State does not appear on the SPOC list should answer question 19 by selecting the response that the: “Program is subject to E.O.

12372, but has not been selected by the State for review.”).

2. Project Abstract

Include an 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 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 must respond to the Review Criteria in the order given. Applications are peer reviewed and scored on answers to the Review Criteria. The program narrative should be double-spaced, using standard 12-point Times New Roman font with 1-inch margins, and should not exceed 10 pages. Number pages “1 of 10,” “2 of 10,” etc.

https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#formatInstructions https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#formatInstructions 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.archives.gov/federal-register/codification/executive-order/12372.html https://www.archives.gov/federal-register/codification/executive-order/12372.html https://www.whitehouse.gov/wp-content/uploads/2017/11/Intergovernmental_-Review-_SPOC_01_2018_OFFM.pdf https://www.whitehouse.gov/wp-content/uploads/2017/11/Intergovernmental_-Review-_SPOC_01_2018_OFFM.pdf

If the program narrative fails to comply with these length 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. Description of the IP issue to be addressed

b. Project Design and Implementation

c. Capabilities and Competencies

d. Plan for Collecting the 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 www.ojp.gov/performance for an overview of performance measurement activities at

OJP.

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 quarterly performance metrics through BJA’s online Performance Measurement Tool (PMT) located at https://bjapmt.ojp.gov. Applicants should examine the performance measures at https://bjapmt.ojp.gov/help/IPEPgrid.pdf.

Note on Project Evaluations An applicant that proposes to use award funds through this solicitation to conduct project evaluations should 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:

https://www.ojp.gov/performance https://bjapmt.ojp.gov/ https://bjapmt.ojp.gov/help/IPEPgrid.pdf https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#projectEvaluation https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#projectEvaluation https://ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm

4. Budget Information and Associated Documentation

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

10. Applicant Disclosure and Justification – DOJ High Risk Grantees3 (if applicable)

11. Research and Evaluation Independence and Integrity

12. Disclosure of Process Related to Executive Compensation

13. Additional Attachments

a. Documentation of Rural Challenges (if applicable)

As is mentioned above, OJP will give priority consideration in award decisions to applications that address specific challenges that rural communities face. Each applicant proposing to receive priority consideration under the rural priority should provide a sufficient narrative to include what makes the geographic service area rural (using U.S. Census or other appropriate government data), how isolated the area is from needed services, and how it will address specific challenges in rural communities.

b. Documentation of High-Poverty Areas or Persistent-Poverty Counties (if applicable)

As mentioned above, OJP will give priority consideration in award decisions to applications that demonstrate that the individuals who will benefit from the requested grant reside in high-poverty areas or persistent-poverty counties as defined above.

Each applicant proposing to receive consideration under the High-Poverty Areas or Persistent Poverty Counties priority should provide a sufficient narrative explanation to identify each specific High-Poverty Area (by census tract number(s)) and/or each specific Persistent-Poverty County where individuals are intended to benefit from the requested grant and how the requested grant will address specific challenges in each such identified area and/or county.

3 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.

https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#budgetInfo 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#internalControlsQuestionnaire 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#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#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#processDisclosure

c. Documentation of Enhanced Public Safety in Qualified Opportunity Zones (if applicable)

As is mentioned above, OJP will give priority consideration in award decisions to designated Qualified Opportunity Zones (QOZs). Each applicant proposing to receive priority consideration under the under the Qualified Opportunity Zones priority should provide a sufficient narrative explanation in order for OJP to identify clearly the public safety benefit the applicant anticipates that its project will have on a specified QOZ(s).

The narrative and the list of affected QOZs (by census tract number) must be included as an attachment that is clearly labeled as addressing QOZs. The applicant may also include tables, charts, graphs, or other relevant illustrations that may be useful in comprehending the manner in which the proposed project is anticipated to benefit a QOZ(s).

d. Letter Affirming Assurances and Relevant Legislation, and Memorandum of Understanding or Inter-Local Agreement (if applicable)

Applicants must attach a letter addressed to the BJA Director affirming the required assurances required under this grant program and signed by the Chief Executive of the applying agency. The letter must provide assurances that the state in which the applicant is located has legislation for “intellectual property enforcement” with regard to criminal violations; specifically, matters relating to the enforcement of laws protecting copyrights, patents, trademarks, other forms of IP, and trade secrets, both in the United States and abroad, including in particular matters relating to combating counterfeit and infringing goods. Provide associated citations and a summary of the legislation

Applicants must include the appropriate Memorandum of Understanding (MOU) or Inter- Local Agreements that spell out the roles, responsibilities, and commitments of each agency and member of the IP task force to be established or sustained under this grant program. This would include agencies identified in the overview under section A.

Program Description on page 4. Should additional agencies join a grantee agency’s IP task force over the course of the project period, new MOUs, or addenda to the original MOU that identifies these additional agencies, must be immediately provided to BJA upon execution of these documents.

e. Timeline Include a comprehensive timeline that identifies milestones, numerically-listed deliverables, and who is responsible for each activity (provide title and agency). The task force’s quarterly meetings must be reflected on the timeline.

f. Letters of Support Include letters of support from relevant state and local law enforcement agencies and federal agencies (to include, where appropriate, local offices of the FBI, ICE HSI, and U).

Any letters of support must be part of the application package, no independent letters will be accepted after the application has been submitted.

g. List of Subrecipients and Procurement Contracts

Include a list of subrecipients and contracted services, based on the example below, which will be part of the project and will receive funding if the application is selected:

Applicant Legal Name

Application Number

First Name, Last Name

Sub-recipient Organization Name

Sub-recipient Organization

City/State

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 #16.752 Economic High-Tech and Cyber Crime Prevention

2. Funding opportunity #BJA-2020-17272

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

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

1. Description of the Issue (10 percent) Identify the precise IP theft issue to be addressed by the project. Provide specific data for the jurisdiction(s) in question, including the nature and scope of the IP theft problem.

Explain interconnection, if any, between IP theft and organized crime, criminal gang, or drug trafficking organizations. Explain problems or challenges associated with current enforcement and coordination efforts, including the increased threat posed by the internet.

2. Project Design and Implementation (30 percent) Fully describe how the project will achieve the stated task force objectives by providing a complete description of its design and proposed implementation. Applications must relate IP enforcement activities to the program’s objectives and performance measures;

include a comprehensive discussion of how the task force will ensure coordination among all appropriate federal, state, local, and/or tribal law enforcement entities, including prosecutors, appropriate federal agencies, partner organizations (e.g., industry), and the general public; and include a comprehensive timeline that identifies milestones, numerically-listed deliverables, and who is responsible for each activity (provide title and agency).

3. Capabilities and Competencies (25 percent)

SAMPLE

https://www.grants.gov/ https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#submissionSteps https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#submissionSteps

Fully describe the applicant’s capabilities to implement the IP theft enforcement project and the competencies of the staff assigned to oversee the project. Applications must identify personnel critical to the project’s successful implementation and discuss their roles, responsibilities, and qualifications; and discuss organizational capabilities or competencies that will directly inform the ability to successfully implement the proposed enforcement project.

4. Impact/Outcomes – Plan for Collecting the Data Required for this Solicitation’s Performance Measures (10 percent) Explain how the IP theft enforcement program’s effectiveness will be demonstrated.

Applications must describe how performance measure data will be collected, by whom, how the data will be stored, and how it will be assessed to measure the impact of proposed efforts; and describe how the performance data will be shared with customers and stakeholders.

5. Sustainment (15 percent) Outline a strategy for sustaining the work of the IP task force beyond the conclusion of the federal grant. This would include enforcement initiatives, continued training, and public awareness efforts.

6. Budget (10 percent) Provide a proposed budget for the entire project period that is 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.4 Use of funds for overtime and other incurred investigatory expenses is allowable. Applicants are strongly encouraged to avoid unsubstantiated purchases, and requested equipment purchases must directly relate to the IP rights theft enforcement program as described in this announcement. The funds awarded under this solicitation may not be used for land acquisition or construction projects, and may not be used to provide any security enhancements or any equipment to any non-governmental entity that is not engaged in law enforcement or law enforcement support, criminal or juvenile justice, or delinquency prevention.

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.

Pursuant to the Part 200 Uniform Requirements, before award decisions are made, OJP also reviews information related to the degree of risk posed by the applicant. Among other things to help assess whether an applicant that has one or more prior federal awards has a satisfactory record with respect to performance, integrity, and business ethics, OJP checks whether the applicant is listed in SAM as excluded from receiving a federal award.

4 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.

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

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 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.

https://ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#awardNotices https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#otherLegalRequirements https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#securityClauses https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#awardReportingRequirements https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#awardReportingRequirements

G. Federal Awarding Agency Contact(s)

For contact information for Grants.gov, see page 2.

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 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: Application Checklist

FY 2020 Intellectual Property Enforcement Program:

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

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

What an Applicant Should Do: See OJP Grant Application Resource Guide

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 OJP

Grant Application Resource Guide)

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

� Contact NCJRS regarding 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.

Scope Requirement:

� The federal amount requested is within the allowable limit of $400,000.

https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply https://www.grants.gov/web/grants/manage-subscriptions.html https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#howToApply https://ojp.gov/funding/Apply/Grants-govInfo.htm https://ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.10a.htm https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#reportingCosts https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#submissionSteps https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#submissionSteps https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#submissionSteps https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#submissionSteps https://ojp.gov/funding/index.htm https://ojp.gov/funding/index.htm

Eligibility Requirement: See cover page.

What an Application Should Include:

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

� Intergovernmental Review (see page 8) � 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)

� Disclosure of Process related to Executive Compensation (see OJP Grant Application Resource Guide

Additional Attachments � Request and Justification for Employee Compensation; Waiver (if applicable) (see OJP Grant Application

Resource Guide)

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.

� Project Abstract (see page 8) � Project Narrative (see page 8) � Budget Detail Worksheet and Narrative (see OJP Grant Application Resource

Guide) � Timeline (see page 11) � Copies of any Memorandums of Understanding or Cooperation Agreements for agencies working together on a task force. (see page 11) 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://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 https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#processDisclosure https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#processDisclosure https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#UseOfAwardFunds https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#UseOfAwardFunds https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#budgetInfo https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#budgetInfo

(Note: any letters of support must be part of the application package, no

Independent letters will be accepted after the application has been submitted)

� Documentation of rural challenges (if applicable)

� Documentation of high-poverty areas or persistent poverty counties (if applicable)

� Documentation of enhanced public safety in federally designated Qualified Opportunity Zones (if applicable) (see page 11)

� List of Subrecipients and Procurement Contracts (see page 11)