PKG00264575-instructions.pdf

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

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

BJA FY 21 The Intellectual Property Enforcement Program:

Protecting Public Health, Safety, and the Economy from Counterfeit Goods and Product Piracy Assistance Listing Number # 16.752

Grants.gov Opportunity Number: O-BJA-2021-46004

Solicitation Release Date: December 18, 2020 5:00 PM

Version: 4

Grants.gov Deadline: February 16, 2021 11:59 PM

Application JustGrants Deadline: March 02, 2021 11:59 PM

Overview The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP),Bureau of Justice Assistance (BJA) is seeking applications for funding 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 program furthers the Department’s mission by by supporting law enforcement in investigating and prosecuting intellectual property (IP) crime and reducing violent crime associated with IP cases and investigations.

This solicitation incorporates the OJP Grant Application Resource Guide by reference. The OJP Grant Application Resource Guide 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.

Solicitation Categories

This solicitation does not include Solicitation Categories.

Eligible Applicants:

City or township governments, County governments, Native American tribal governments (Federally recognized), Native American tribal organizations (other than Federally recognized tribal governments), Public and State controlled institutions of higher education, Special district governments, State governments, Other

Other See Eligibility Information further in this solicitation

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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

To advance Executive Order 13929 Safe Policing for Safe Communities, the Attorney General determined that all state, local, and university or college law enforcement agencies must be certified by an approved independent credentialing body or have started the certification process to be eligible for FY 2021 DOJ discretionary grant funding. To become certified, the law enforcement agency must meet two mandatory conditions: (1) the agency’s use of force policies adhere to all applicable federal, state, and local laws; and (2) the agency’s use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. The certification requirement also applies to law enforcement agencies receiving DOJ discretionary grant funding through a subaward. For detailed information on this new certification requirement, please visit https ://cops.usdoj.gov/SafePolicingEO to access the Standards for Certification on Safe Policing for Safe Communities, Implementation Fact Sheet, and List of Designated Independent Credentialing Bodies.

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

BJA will consider applications under which two or more entities would carry out the federal award; however, only one entity may be the applicant. Any others must be proposed as subrecipients (subgrantees). For additional information on subawards, see the OJP Grant Application Resource Guide.

Contact Information Agency Contact Description

Name National Criminal Justice Reference Service Response Center

Title

Phone 800-518-4726

Email grants@ncjrs.gov

Information For technical assistance with submitting the SF-424 and SF- LLL in Grants.gov, contact the Grants.gov Customer Support Hotline at 800-518-4726, 606-545-5035, at Grants.gov customer support webpage, or email at support@grants.gov. The Grants.gov Support Hotline operates 24 hours a day, 7 days a week, except on federal holidays.

For technical assistance with submitting the full application in DOJ’s Justice Grants System (JustGrants), contact the JustGrants Service Desk at JustGrants.Support@usdoj.gov or at 833-872-5175. The JustGrants Service Desk operates 5 a.m. to 9 p.m. EST Monday - Friday and 9 a.m. to 5 p.m. Saturday, Sunday, and federal holidays.

An applicant that experiences unforeseen Grants.gov or JustGrants technical issues beyond its control that prevent it from submitting its application by the deadline must email the BJA contact identified below within 24 hours after the application deadline to request approval to submit its application after the deadline.

For assistance with any other requirements of this solicitation, contact David Lewis, by telephone at

(202) 616-7829 or by email at David.P.Lewis@usdoj.gov

O-BJA-2021-46004

https://cops.usdoj.gov/SafePolicingEO https://cops.usdoj.gov/SafePolicingEO https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm https://www.grants.gov/web/grants/support.html https://www.grants.gov/web/grants/support.html http://support@grants.gov.

mailto:JustGrants.Support@usdoj.gov

Submission Information In FY 2021, applications will be submitted to DOJ in a NEW two-step process.

Step 1: Applicants will submit an SF-424 and an SF-LLL in Grants.gov at https://www.grants.

gov/web/grants/register.html. To register in Grants.gov, applicants will need to obtain a Data Universal Numbering System (DUNS) and System for Award Management (SAM) registration or renewal.

Step 2: Applicants will submit the full application including attachments in JustGrants at Jus tGrants.usdoj.gov.

To be considered timely, the full application must be submitted in JustGrants by the JustGrants application deadline.

OJP encourages applicants to review, the “How to Apply" section in the OJP Grant Application Resource Guide.

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https://www.grants.gov/web/grants/register.html https://www.grants.gov/web/grants/register.html https://justicegrants.usdoj.gov/ https://justicegrants.usdoj.gov/ https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#apply

Contents

Contact Information Program Description

Overview Statutory Authority Specific Information Goals, Objectives, Deliverables, and Timeline Evidence-Based Programs or Practices Information Regarding Potential Evaluation of Programs and Activities . . 7 OJP Priority Areas

Federal Award Information Awards, Amounts and Durations Continuation Funding Intent Availability of Funds Financial Management and System of Internal Controls Cost Sharing or Matching Requirement Pre-agreement Costs (also known as Pre-award Costs) Limitation on Use of Award Funds for Employee Compensation: Waiver . 10 Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs Costs Associated with Language Assistance (if applicable)

Eligibility Information Content of Application Submission 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: . . . 11

Information to Complete the Application for Federal Assistance (SF-424) . 11 Standard Applicant Information (JustGrants 424 and General Agency Information) Proposal Abstract Proposal Narrative Goals, Objectives, Deliverables, and Timeline Budget and Associated Documentation Are you going to require the applicant to submit the web-based budget detailed form?

Budget Worksheet and Budget Narrative (Web-based Form) Indirect Cost Rate Agreement (if applicable) Financial Management Questionnaire (including applicant disclosure of high-risk status) Disclosure of Process Related to Executive Compensation

O-BJA-2021-46004

Additional Application Components Tribal Authorizing Resolution Documentation of Anticipated Benefit to Qualified Opportunity Zones (if applicable) Research and Evaluation Independence and Integrity Statement

c. Documentation of Rural Challenges (if applicable)

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

8. Letter Affirming Assurances and Relevant Legislation, and Memorandum of Understanding or Inter-Local Agreement (if applicable) . 15 Disclosures and Assurances Disclosure of Lobbying Activities Applicant Disclosure of Duplication in Cost Items DOJ Certified Standard Assurances DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements . . 15

e. Applicant Disclosure and Justification – DOJ High Risk Grantees (if applicable) How to Apply Submission Dates and Time

Application Review Information Review Criteria Review Process

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 .18

Federal Awarding Agency Contact(s) Freedom of Information and Privacy Act (5 U.S.C. 552 and 5 U.S.C.

552a) Provide Feedback to OJP Application Checklist

The Intellectual Property Enforcement Program: Protecting Public Health, Safety, and the Economy from Counterfeit Goods and Product Piracy

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 that 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 Any awards under this solicitation would be made under statutory authority provided by a full-year appropriations act for FY 2021. As of the writing of this solicitation, the Department of Justice is operating under a short-term "Continuing Resolution"; no full-year appropriation for the Department has been enacted for FY 2021.

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.

Goals, Objectives, Deliverables, and Timeline Goals

The goals of this program is to improve coordination of intellectual property (IP) enforcement efforts among federal, state, and local authorities contributes to the Department’s priority of reducing crime. These efforts shall include aggressive investigating and prosecuting a wide range of 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 counterfeiting and piracy.

This coordination will include IP task force members and federal agencies meetings to update, discuss, and collaborate on IP investigations, prosecutions, training, and public awareness activities. The information to be shared through these task forces must include information about targeting, investigation, analysis, and prosecution of matters involving IP crimes as it relates to violations of state and local criminal statutes and federal proseccutions.

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:

public health and safety;1.

theft of trade secrets and economic espionage; and2.

large-scale commercial counterfeit and piracy.3.

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 USA;

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 deconfliction 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 Goals, Objectives, and Deliverables are directly related to the performance measures that demonstrate the results of the work completed, as discussed under Application and Submission Information.

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 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 entitled “Information Regarding Potential Evaluation of Programs and Activities.”

OJP Priority Areas In FY 2021 and in addition to executing any program-specific prioritization that may be applicable, OJP will give priority consideration to applications as follows:

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https://www.ncirc.gov/Deconfliction/ https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#evidence-based https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#evidence-based https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#potential-evaluation

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).

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

OJP policy priority consideration will consist of receiving additional points in the application scoring process. Receipt of priority consideration does not guarantee that an application will be funded; nor will the failure to receive priority consideration necessarily mean that an application will not be funded.

Federal Award Information Awards, Amounts and Durations Anticipated Number of Awards

Anticipated Maximum Dollar Amount of Awards $400,000.00

Period of Performance Start Date

10/1/21 12:00 AM

Period of Performance Duration (Months)

Anticipated Total Amount to be Awarded Under Solicitation

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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/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

$2,400,000.00

Clarifications

Continuation Funding Intent 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.

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

Funding Instrument Type Grant

Award Type Initial

Is Match Required No

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 Requirements as set out at 2 C.F.R. 200.303, comply with standards for financial and program management. 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. See OJP Grant Application Resource Guide for additional information.

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

Pre-agreement Costs (also known as Pre-award Costs) See the OJP Grant Application Resource Guide information on Pre-agreement Costs (also known as Pre-award Costs).

Limitation on Use of Award Funds for Employee Compensation:

Waiver

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https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#fm-internal-controls https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#pre-agreement-costs

See the OJP Grant Application Resource Guide information on Limitation on Use of Award Funds for Employee Compensation; Waiver.

Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs See the OJP Grant Application Resource Guide for information on Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs.

Costs Associated with Language Assistance (if applicable) See the OJP Grant Application Resource Guide for information on Costs Associated with Language Assistance.

Eligibility Information The applicants would include law enforcement agencies and prosecutors from the eligibility list above. 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.

For purposes of this solicitation, “state” means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Successful applicants from the BJA Intellectual Property Enforcement Program: Protecting Public Health, Safety, and the Economy from Counterfeit Goods and Product Piracy FY 2020 Competitive Grant Solicitation are not eligible to apply for this funding in 2021 if the application is to fund the same items awarded to their agency in the FY 2020 award. The agency may make an application for a totally new or different program or project. The final determination of this element will be made by BJA.

To advance Executive Order 13929 Safe Policing for Safe Communities, the Attorney General determined that all state, local, and university or college law enforcement agencies must be certified by an approved independent credentialing body or have started the certification process to be eligible for FY 2021 DOJ discretionary grant funding. To become certified, the law enforcement agency must meet two mandatory conditions: (1) the agency’s use of force policies adhere to all applicable federal, state, and local laws; and (2) the agency’s use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. The certification requirement also applies to law enforcement agencies receiving DOJ discretionary grant funding through a subaward. For detailed information on this new certification requirement, please visit https://cops.usdoj.gov/SafePolicingEO to access the Standards for Certification on Safe Policing for Safe Communities, Implementation Fact Sheet, and List of Designated Independent Credentialing Bodies.

https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#limitation-use-award https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#prior-approval https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#costs-associated https://cops.usdoj.gov/SafePolicingEO

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

Content of Application Submission 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:

Proposal Abstract Proposal Narrative Budget Worksheet and Budget Narrative (Web-based form) Timeline Copies of any Memorandums of Understanding or Cooperation Agreements for agencies working together on a task force Letter dated and signed from Chief Executive of the applying agency that provides assurance that the state in which the applicant is located has legislation for ‘intellectual property enforcement’

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 the specified elements or that is nonresponsive to the scope of the solicitation.

Information to Complete the Application for Federal Assistance

(SF-424)

The SF-424 will be submitted in Grants.gov. The SF-424 is a required standard form used as a cover sheet for submission of pre-applications, 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/2020/01/spoc_1_16_2020.pdf. If the applicant’s state appears on the SPOC list, the applicant must contact the State SPOC to find out 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.”)

Standard Applicant Information (JustGrants 424 and General Agency Information) The Standard Applicant Information section of the JustGrants application is pre-populated with the SF-424 data submitted in Grants.gov. Applicants will need to review the Standard Applicant Information in JustGrants and make edits as needed. Within this section, applicants will need to: add zip codes for areas affected by the project; confirm their Authorized Representative; and verify the organization's legal name and address.

Proposal Abstract A proposal abstract (no more than 400 words) summarizing the proposed project including primary activities, products and deliverables, the service area, and who will benefit from the proposed project, will be completed in the JustGrants Web-based form.

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Proposal Narrative The program narrative should be submitted as an attachment in JustGrants. The attached document should be double-spaced, using a standard 12-point Times New Roman font; have no less than 1-inch margins; and should not exceed 10 pages. Pages should be numbered and submitted as an attachment. 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 must be included as part of the program narrative:

a. Description of the Issue 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.

b. Project Design and Implementation

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).

c. Capabilities and Competencies

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.

d. Sustainment

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.

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

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.

Note: applicants are not required to submit performance data with the application. Rather, 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.

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 goals, objectives, and deliverables identified under “Goals, Objectives, and Deliverables.”

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

Award recipients will be required to submit performance measurement data and performance reports in JustGrants. Examples of the performance measures questionnaire can be found he

re. Further guidance on the post-award submission process will be provided, if selected for award.

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

Goals, Objectives, Deliverables, and Timeline Applicants will submit the IPEP objectives, deliverables and timelines in the JustGrants web-based form. See the OJP Grant Application Resource Guide for additional information.

Budget and Associated Documentation Are you going to require the applicant to submit the web-based budget detailed form?

Yes

Budget Worksheet and Budget Narrative (Web-based Form) Applicants will complete the JustGrants web-based budget form. See the OJP Grant Application Resource Guide for additional information.

Indirect Cost Rate Agreement (if applicable) Applicants will submit their indirect cost rate agreement by uploading the agreement as an attachment in JustGrants. See the OJP Grant Application Resource Guide for additional information.

Financial Management Questionnaire (including applicant disclosure of high-risk status) Applicants will download the questionnaire in JustGrants and submit by uploading the completed questionnaire as an attachment in JustGrants. See the OJP Grant Application Resource Guide for additional information.

Disclosure of Process Related to Executive Compensation If applicable, applicants will submit a description of the process used to determine compensation by uploading the document as an attachment in JustGrants. See the “Application Attachments” section of the OJP Grant Application Resource Guide for information.

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Applicants will attach the additional requested documentation in JustGrants.

Tribal Authorizing Resolution If applicable, applicants will submit the Tribal Authorizing Resolution by uploading the resolution as an attachment in JustGrants. An application in response to this solicitation may require inclusion of information related to a tribal authorizing resolution as an attachment. See the OJP Grant Application Resource Guide for information on tribal authorizing resolutions.

Documentation of Anticipated Benefit to 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 must 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). Applicants will submit the narrative by uploading the document as an attachment in JustGrants.

Research and Evaluation Independence and Integrity Statement 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. Applicants will submit a description of their research and evaluation independence and integrity by uploading the document as an attachment in JustGrants. For additional information regarding demonstrating research/evaluation independence and integrity, including appropriate safeguards, see the OJP Grant Application Resource Guide.

c. 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 must 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. Applicants will submit the narrative by uploading the document as an attachment in JustGrants.

d. 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 must 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

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8. 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 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 the program description section.

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.

Disclosures and Assurances Applicants will complete the following disclosures and assurances.

Disclosure of Lobbying Activities Applicants will complete and submit the SF-LLL in Grants.gov. See the OJP Grant Application Resource Guide for additional information.

Applicant Disclosure of Duplication in Cost Items Applicants will complete the JustGrants web-based Applicant Disclosure of Duplication in Cost Items form. See the OJP Grant Application Resource Guide for additional information.

DOJ Certified Standard Assurances See the DOJ Certified Standard Assurances in the OJP Grant Application Resource Guide.

DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements Applicants will review and accept the DOJ Certified Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. See OJP Grant Application Resource Guide.

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e. Applicant Disclosure and Justification – DOJ High Risk Grantees (if applicable)

If applicable, applicants will submit as an attachment in JustGrants. See the OJP Grant Application Resource Guide for additional information. 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.

How to Apply Applicants will submit an SF-424 and an SF-LLL in Grants.gov at https://www.grants.gov/web/grants /register.html.

Applicants will submit the full application including attachments in JustGrants at JustGrants.usdoj.g ov.

For additional information, see the “How to Apply” section in the OJP Grant Application Resource Guide.

Submission Dates and Time The SF-424 and the SF-LLL will be submitted in Grants.gov by [insert time and date]. 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.

The full application will be submitted in JustGrants on [insert time and date].

To be considered timely, the full application must be submitted in JustGrants by the JustGrants application deadline.

Application Review Information Review Criteria Applications that meet basic minimum requirements will be evaluated by peer reviewers.

Applications will be evaluated on how the proposed project/program addresses the following criteria:

Statement of the Problem/Description of the Issue (10%)- evaluate the applicant’s1.

understanding of the program/issue to be addressed.

Project Design and Implementation (30%)- evaluate the adequacy of the proposal, including2.

the goals, objectives, timelines, milestones, and deliverables.

Capabilities and Competencies (25%) - evaluate administrative and technical capacity of the3.

applicant to successfully accomplish the goals and objectives.

Plan for Collecting the Data Required for this Solicitation’s Performance Measures (10%) -4.

evaluate the applicant’s understanding of the performance data reporting requirements and the plan for collecting the required data.

Budget (10%)) - evaluate for completeness, cost effectiveness, and allowability (e.g.,5.

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Sustainment (15%) - evaluate the strategy for sustaining the work of the IP task force6.

beyond the conclusion of the federal grant.

b. Additional Review Criteria

Other important considerations for BJA include geographic diversity, strategic priorities (specifically including, but not limited to, those mentioned above relating to addressing specific challenges that rural communities face, high-poverty areas or persistent-poverty counties, demonstrable potential enhancement to public safety in one or more federally designated Qualified Opportunity Zones), avai lable funding, past performance, if this request was funded in FY2020 IPEP for the same items requested in the FY2021 application, and the extent to which the Budget Worksheet and Budget Narrative (Web-based Form) accurately explain project costs that are reasonable, necessary, and otherwise allowable under federal law and applicable federal cost principles.

Review Process Applications submitted under this solicitation that meet basic minimum requirements, will be evaluated for technical merit by a peer review panel(s) in accordance with OJP peer review policy and procedures using the stated review criteria above.

OJP screens applications to ensure they meet the basic minimum requirements prior to conducting peer review. Although specific requirements may vary, the following are common requirements applicable to all solicitations for funding under OJP programs:

The application must be submitted by an eligible type of applicant.

The application must request funding within programmatic funding constraints (if applicable).

The application must be responsive to the scope of the solicitation.

The application must include all items necessary to meet the basic minimum requirements.

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.

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 non-public 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, 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.

Federal Award Administration Information Federal Award Notices See the OJP Grant Application Resource Guide for information on award notifications and instructions.

https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#federal-award-notices

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 An application in response to this solicitation may require inclusion of information related to information technology security. See the OJP Grant Application Resource Guide for information on information technology security.

General Information about Post-Federal Award Reporting Requirements In addition to the deliverables described in the Program Description section, 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, quarterly 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.

Progress Reporting Frequency quarterly

Federal Awarding Agency Contact(s) For OJP contact(s), see solicitation cover page

For contact information for Grants.gov and JustGrants, see solicitation cover page.

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

552a) See the OJP Grant Application Resource Guide for information on Freedom of Information and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a).

Provide Feedback to OJP See the OJP Grant Application Resource Guide for information on how to provide feedback to OJP.

Application Checklist The Intellectual Property Enforcement Program: Protecting Public Health, Safety, and the Economy from Counterfeit Goods and

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