PKG00264826-instructions.pdf

OMB No. 1121-0329 Approval Expires 12/31/2023

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

BJA FY 21 Upholding the Rule of Law and Preventing Wrongful Convictions Site Based and Training and Technical Assistance Program

Assistance Listing Number # 16.746

Grants.gov Opportunity Number: O-BJA-2021-60001

Solicitation Release Date: January 08, 2021 4:00 PM

Version: 2

Grants.gov Deadline: March 10, 2021 11:59 PM

Application JustGrants Deadline: March 24, 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 to the Upholding the Rule of Law and Preventing Wrongful Convictions (ROL/WCR) site based and training and technical assistance program. This program furthers the Department’s mission by ensuring the fair and consistent application of the rule of law in order to ensure the sustained integrity of the criminal justice system.

This solicitation incorporates the OJP Grant Application Resource Guide by reference. The OJP Grant Application Resource Guide provides guidance to applicants for the preparation and submission to OJP of applications for funding. 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

O-BJA-2021-60001

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

Competition

ID

Category * Number of Awards

Dollar Amount for Award

Performance Start Date

Performance Duration (Months)

C-

BJA-2021-00

036-PROD

1 13 $300,000.00 10/1/21 12:00

AM

24 Months

C-

BJA-2021-00

037-PROD

2 1 $450,000.00 10/1/21 12:00

AM

24 Months

Eligible Applicants:

City or township governments, Native American tribal governments (Federally recognized), Native American tribal organizations (other than Federally recognized tribal governments), Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education, Nonprofits that do not have a 501(c)(3) status with the IRS, other than institutions of higher education, Private institutions of higher education, Public and State controlled institutions of higher education, Special district governments, State governments, Other

Other See Eligibility Information in this solicitation.

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.

BJA may elect to fund applications submitted under this FY 2021 solicitation in future fiscal years, dependent on, among other considerations, the merit of the applications and on the availability of appropriations.

Contact 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

O-BJA-2021-60001

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 mailto:support@grants.gov

(JustGrants), contact the JustGrantsService Desk at 833–872–5175 or JustGrants.Support@usdoj.g

ov. The JustGrantsService Desk operates 5 a.m. to 9.p.m. eastern time, 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 National Criminal Justice Reference Service Response Center (Response Center) at grants@ncjrs.gov 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 the Response Center by telephone at 800–851–3420 or TTY: 301–240–6310 (hearing impaired only) or by email at grants@ ncjrs.gov. Response Center hours of operation are 10 a.m. to 6 p.m. eastern time Monday through Friday, and 10 a.m. to 8 p.m. eastern time on the solicitation close date.

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/we b/grants/register.html. To register in Grants.gov, applicants will need to obtain 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 https://ju sticegrants.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.

O-BJA-2021-60001

mailto:JustGrants.Support@usdoj.gov mailto:JustGrants.Support@usdoj.gov mailto:grants@ncjrs.gov mailto:grants@ncjrs.gov mailto:grants@ncjrs.gov https://www.grants.gov/web/grants/register.html https://www.grants.gov/web/grants/register.html https://justicegrants.usdoj.gov/ https://justicegrants.usdoj.gov/

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 . . 9

Federal Award Information Awards, Amounts and Durations Continuation Funding Intent Availability of Funds Types of Awards Financial Management and System of Internal Controls Budget Information Cost Sharing or Matching Requirement Pre-agreement Costs (also known as Pre-award Costs) Limitation on Use of Award Funds for Employee Compensation: Waiver . 11 Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs Costs Associated with Language Assistance (if applicable)

Eligibility Information Application and Submission Information

Information to Complete the Application for Federal Assistance (SF-424) . 13 Standard Applicant Information (JustGrants 424 and General Agency Information) Proposal Abstract Proposal Narrative Goals, Objectives, Deliverables, and Timeline Budget and Associated Documentation Budget Worksheet and Budget Narrative (attachment) Indirect Cost Rate Agreement (if applicable)

O-BJA-2021-60001

Financial Management Questionnaire (including applicant disclosure of high-risk status) Disclosure of Process Related to Executive Compensation Additional Application Components Curriculum Vitae or Resumes Tribal Authorizing Resolution Timeline Form Research and Evaluation Independence and Integrity Statement Memorandum of Understanding Applicant Disclosure of Proposed Subrecipients Conflict of Interest Policies Disclosures and Assurances Disclosure of Lobbying Activities DOJ Certified Standard Assurances Applicant Disclosure of Duplication in Cost Items DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements . . 18 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 .22

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

See the OJP Grant Application Resource Guide for information on to Provide Feedback to OJP

Application Checklist

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

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

There are two categories of funding for this solicitation:

Category 1 supports the following activities:

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

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

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

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

If the WCR entity application includes a partnership with the relevant prosecutor’s office or CIU, applicants must include description of policies and procedures designed to avoid conflicts of interest and protect defendant’s rights, including plans for obtaining waiver of attorney/client privileges and informed consent. See Conflict of Interest Guidelines at: https://bj a.ojp.gov/program/urlpwc/tta#ppucj.

O-BJA-2021-60001

https://bja.ojp.gov/program/urlpwc/tta#ppucj https://bja.ojp.gov/program/urlpwc/tta#ppucj

All applicant organizations should show their capacity and commitment of their key partners to conduct this work, including demonstrable experience and competence with legal representation of post-conviction claims of innocence and appeals. Each applicant must describe how it will devote resources to coordinate the intake screening, investigation, and representation of post-conviction and appeals innocence claims.

A national training and technical assistance (TTA) provider will support grantees in meeting the requirements of this award. For more information, see the ROL/WCR web page at: https://bja.ojp.gov /program/urlpwc/tta.

Category 2 supports the delivery of national training and technical assistance by seeking a TTA partner to assist Category 1 award recipients with the implementation of their projects, and translating this knowledge to the field more broadly through training and webinars, tools, and web content. BJA is seeking applicants that can bring the cross-cutting subject expertise needed, as well as demonstrate established experience in providing TTA outlined in the specific objectives and deliverables below.

Goals, Objectives, Deliverables, and Timeline Goal:

The goal of the ROL/WCR program is to enhance the capacity of WCR entities and their criminal justice and victims partners to better identify, assess, and manage post-conviction claims of innocence while translating lessons to prevent error and bring justice for victims.

Objectives:

Category 1:

The objectives of the ROL/WCR Program are to:

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

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

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

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

Category 2:

With the delivery of national TTA to Category 1 award recipients, the objectives are to:

Develop and enhance strong partnerships between entities and other criminal justice organizations to effectively implement their projects.

Develop and implement a wrongful conviction risk assessment process.

Enhance capacity to identify and review cases of high risk.

Enhance the expertise of the entities to support quality post-conviction and appeals legal representation in the identified cases.

Document the efficacy of entities in seeking to overturn challenged convictions.

O-BJA-2021-60001

https://bja.ojp.gov/program/urlpwc/tta https://bja.ojp.gov/program/urlpwc/tta

Document the efficacy of entities in identifying appropriate suspects when convictions are overturned.

Deliverables

Category 1:

The expected deliverables are to:

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

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

Category 2:

The expected deliverables are:

Delivery of regional (potentially virtual) training sessions that focus on evaluating, and representing clients in, cases of post-conviction and appeals claims of innocence; and increase the ability and expertise of units to review procedures or systemic issues to determine if they are contributing to wrongful convictions and identify areas of risk and develop risk mitigation strategies. This training should be built upon an assessment of Category 1 award recipients’ capacity and need, and should ensure that all key partners are engaged. The specifics of the training curriculum should be responsive to the needs of the entities. Training and assistance should also be focused on promoting best practices and collaborations between entities and key criminal justice partners. Final topics and method of delivery will be determined by BJA and the selected TTA provider, post award.

Delivery of ongoing direct technical assistance to entities and partners as they implement their strategies. Capture the assistance provided and the reviews conducted, as well as examine the needs of award recipients.

Host an online orientation meeting for Category 1 award recipients.

Identify the needs of Category 1 award recipients, either through a survey or a needs assessment process, to determine their greatest funding, training, and technical assistance needs.

Work with Category 1 award recipients to track cases reviewed and actual perpetrators identified, as well as to develop potential policies or guidelines.

Maintain a central online database of materials, including briefs, motions, and expert information needed by lawyers who screen, investigate, and handle potential cases of wrongful conviction.

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.

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.”

Program activity involving forensic genetic genealogical DNA analysis and searching (FGGS) is subject to the DOJ Interim Policy on Forensic Genetic Genealogical DNA Analysis and Searching or to the final policy, when issued. See the Performance Measures for additional required grantee reporting on FGGS activities.

Federal Award Information Solicitation Category

Competitio n ID Enter to sort

Category * Number of Awards

Dollar Amount for Award

Performance Start Date

Performance Duration (Months)

C-

BJA-2021-0

0036-

PROD

1 13 $300,000.00 10/1/21 12:00 AM 24 Months

C-

BJA-2021-0

0037-

PROD

2 1 $450,000.00 10/1/21 12:00 AM 24 Months

Awards, Amounts and Durations Period of Performance Start Date

10/1/21 12:00 AM

Period of Performance Duration (Months)

Anticipated Total Amount to be Awarded Under Solicitation $4,350,000.00

O-BJA-2021-60001

https://www.justice.gov/olp/page/file/1204386/download

Additional Information Category 1: Total number of awards BJA expects to make: 13 Maximum dollar amount for each award: $300,000. Total amount to be awarded under solicitation: up to $3,900,000. Category 2: Total number of awards BJA expects to make: 1 Maximum dollar amount for each award: $450,000. Total amount to be awarded under solicitation:

$450,000

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.

Types of Awards BJA expects to make awards in Category 1 under this solicitation as grants. See the “Administrative, National Policy, and Other Legal Requirements” section of the OJP Grant Application Resource Guide for a brief discussion of important statutes, regulations, and award conditions that apply to many (or in some cases, all) OJP grants (and cooperative agreements).

BJA expects to make the award in Category 2 under this solicitation as cooperative agreements, which provide for OJP to have substantial involvement in carrying out award activities. See the “Administrative, National Policy, and Other Legal Requirements” section of the OJP Grant Application Resource Guide.

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 the OJP Grant Application Resource Guide f or additional information.

Budget Information Applications are solicited to review cases of potentially wrongfully convicted individuals and to support providing high quality and efficient post-conviction representation for defendants in post-conviction claims of innocence. Grant funds may be used for case review, evaluation, and management; experts; and investigation services related to these innocence claims. For questions

O-BJA-2021-60001

https://ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm https://ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm https://ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm https://ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm pertaining to the budget and examples of allowable and unallowable costs, see the DOJ Grants Financial Guide at https://ojp.gov/financialguide/DOJ/index.htm.

Cost Sharing or 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 for information on Pre-agreement Costs (also known as Pre-award Costs)

Limitation on Use of Award Funds for Employee Compensation:

Waiver See the OJP Grant Application Resource Guide for 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 Category 1 eligibility:

The following entities are eligible to apply:

Nonprofit organizations (including tribal nonprofit organizations), Institutions of higher education State or local public defender offices that have in-house post-conviction representation programs that show demonstrable experience and competence in litigating post-conviction claims of innocence

Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education Nonprofits that do not have a 501(c)(3) status with the IRS, other than institutions of higher education Public and State controlled institutions of higher education Private institutions of higher education

O-BJA-2021-60001

https://ojp.gov/financialguide/DOJ/index.htm 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#pre-agreement https://ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm 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://ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.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#reportingCosts https://ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#languageAssistance https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#languageAssistance

State governments Special district governments City or township governments Native American tribal organizations (other than Federally recognized tribal governments) Native American tribal governments (Federally recognized)

Category 2 eligibility:

Eligible applicants are limited to nonprofit organizations and for-profit entities that have experience and expertise in administering conviction integrity and review units or experience in reviewing cases of post-conviction and appeal claims of innocence such as those applicants in Category 1.

Public and State controlled institutions of higher education Native American tribal organizations (other than Federally recognized tribal governments) Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education Nonprofits that do not have a 501(c)(3) status with the IRS, other than institutions of higher education Private institutions of higher education For profit organizations other than small businesses

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. .

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.

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

Application and Submission Information 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)

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

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 geographic service area, types of cases (if relevant), and who will benefit from the proposed project, will be completed in the JustGrants web-based form.

Proposal Narrative The proposal 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 15 pages. Pages should be numbered and submitted as an attachment. If the proposal 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 proposal narrative:

a. Description of the Issue

O-BJA-2021-60001

https://www.ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm#formatInstructions https://ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm https://ojp.gov/funding/Apply/Resources/Grant-App-Resource-Guide.htm 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.archives.gov/federal-register/codification/executive-order/12372.html https://www.archives.gov/federal-register/codification/executive-order/12372.html

Category 1:

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

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

Describe any specific challenges or issues that impact the need in the jurisdiction(s) the applicant serves. Describe the applicant’s intake policy, including how cases are screened, and stages of case review, including the number of cases processed in the last two calendar years (2019 and 2020), if any, and the case outcomes. Detail at what stage of the process these cases were completed or closed. Identify the number of cases in which actual perpetrators have been identified, and whether they have been involved in violent crimes.

Describe any problem around the ability to screen, evaluate, and process claims, including any problems or shortfalls in providing investigative services and quality reviews to wrongfully convicted defendants.

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

Category 2:

Provide a thorough understanding of the need for gathering and transferring knowledge, best practices, and information to the Wrongful Conviction entities and for the review of claims of innocence and their impact on violent crime.

Provide specific information on the project, to include an overview of any materials that need to be developed as well as the information, areas of instruction, and/or technical assistance to be provided based on the demonstrated needs of the field. Topics may include forming a unit, best practices and procedures for units, building partnerships, evaluation/screening of innocence claims, forensic testing, expert consultation and testimony, and legal representation strategies. The applicant should consider other topics it believes need to be addressed.

b. Project Design and Implementation

Category 1:

Describe the strategy to address the needs identified in the Description of the Issue section, particularly any anticipated needs or areas of specific concern. Describe area(s) of focus for the project (e.g., eyewitness evidence, confession documentation, forensic evidence, arson, etc.). Discuss how funding under this initiative will address these concerns and reduce the risk of wrongful convictions and violent perpetrators eluding prosecution. Discuss how the applicant will improve the quality and efficacy of case reviews; how it will contribute to improvements in the speed and efficiency with which claims are handled; and how it will support the unwavering rule of law and improve the overall administration of justice in the targeted jurisdiction(s). Describe how the project differs, complements, or builds upon the efforts of other offices in the region, state, or locality that are also involved with potentially innocent defendants in post-conviction proceedings.

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

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

Category 2:

Describe the applicant’s strategy to address: (1) the needs identified in the Description of the Issue and (2) the objectives and deliverables under the “Program-specific Information” section. Provide a complete description of training and technical assistance activities and the methods of intended delivery.

c. Capabilities and Competencies

Category 1:

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

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

Category 2:

Fully describe the applicant’s capabilities to implement the TTA within the established timeline to enable the timely and effective delivery of the information, material, training, and assistance.

Provide an overview of the competencies of the staff and partners assigned to develop and deliver all of the information, instruction, and technical assistance specifically required by this category. Demonstrate the applicant’s experience in addressing wrongful conviction cases and the elements therein, working with prosecutors in the area of conviction review, as well as the delivery of TTA on a national level. The applicant must include discussion of the organization’s experience with and capacity to provide effective, innovative training and technical assistance to the audience being served.

Describe the capabilities, competencies, and management structure for implementation of the national training and assistance strategy, to include staffing.

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

Describe the process for measuring project performance. Identify who will collect the data;

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

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 “Goal, Objectives, and Deliverables.”

A list of performance measure questions for this program can be found in that section.

Applicants can also 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 measure data and performance reports in JustGrants. Examples of the performance measures questionnaire can be found at:

https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/WC-Measures.pdf. Further guidance on the post-award submission process will be provided, if selected for award.

For Category 2, award recipients will be required to submit performance measure data in the BJA TTA Reporting Portal and/or JustGrants Examples of the performance measures questionnaire can be found at: https://bjatta.bja.ojp.gov/sites/default/files/interest_groups/TTA %20Reporting%20Portal%20Data%20Dictionary_0.pdf. 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 Upholding the Rule of Law and Preventing Wrongful Convictions Program goal, objectives, deliverables, and timelines in the JustGrants web-based form. See the OJP Grant Application Resource Guide for additional information.

Budget and Associated Documentation Budget Worksheet and Budget Narrative (attachment) Applicants will attach a budget worksheet and budget narrative in JustGrants. 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

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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 and an attachment in JustGrants. See the OJP Grant Application Resource Guide for additional information.

Additional Application Components Curriculum Vitae or Resumes Attach position descriptions for the key positions and résumés for current staff in addition to job posting descriptions for anticipated new hires. If the applicant is hiring, please detail in the timeline when it anticipates the hiring process to be complete and when any new hire’s efforts will commence.

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.

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

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.

Memorandum of Understanding

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

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Applicant Disclosure of Proposed Subrecipients

Attach a list of proposed subrecipients of grant funding, if applicable, that includes the name, organizational affiliation, and location of the proposed subrecipient entity.

Conflict of Interest Policies

Attach conflict of interest policies for partnerships where relevant.

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.

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

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 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 the OJ P Grant Application Resource Guide.

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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 https://justgrants.

usdoj.gov/.

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 March 10, 2020 at 11:59 PM EST. 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 by March 24, 2021 at 11:59 PM EST. To be considered timely, the full application must be submitted in JustGrants by the JustGrants application deadline.

Application Review Information Review Criteria

a. Scored 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:

Category 1:

Statement of the Problem/Description of the Issue (15%) - evaluate the applicant’s1.

understanding of the program/issue to be addressed.

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Project Design and Implementation (40%) - evaluate the adequacy of the proposal, including2.

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

Capabilities and Competencies (20%) - 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 (15%) -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.

reasonable, allocable, and necessary for project activities).

Category 2:

Statement of the Problem/Description of the Issue (20%) - 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 (30%) - 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.

reasonable, allocable, and necessary for project activities).

b. Additional Review Criteria

Other important considerations for BJA include geographic diversity, diversity of types of WCR claims and cases, strategic priorities, available funding, past performance, 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’s 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.

Administrative, National Policy, and Other Legal Requirements 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…