PKG00264933-instructions.pdf

OMB No. 1122-0020 Approval Expires 1/31/2022

U.S. Department of Justice Office on Violence Against Women

OVW Fiscal Year 2021 Grants to Tribal Governments to

Exercise Special Domestic Violence Criminal Jurisdiction

Solicitation Assistance Listing Number # 16.025

Grants.gov Opportunity Number: O-OVW-2021-38008

Solicitation Release Date: January 12, 2021 5:00 PM

Version: 1

Grants.gov Deadline: March 26, 2021 11:59 PM

Application JustGrants Deadline: March 30, 2021 11:59 PM

Eligible Applicants:

Native American tribal governments (Federally recognized), Other

Other Eligible applicants are limited to: Governments of Indian tribes that have jurisdiction over Indian country. For more information, see the Eligibility Information section of this solicitation.

Note: Tribes that are currently exercising SDVCJ and are only seeking funding to support discrete costs that result from the exercise of SDVCJ may be eligible to receive funding through the OVW FY 2021 Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction: Targeted Support for Exercising Tribes

O-OVW-2021-38008

https://www.justice.gov/ovw/open-solicitations

Solicitation. See the About this OVW Program section for more information.

Letter of Intent Applicants are strongly encouraged to submit a non-binding Letter of Intent to OVW.TribalAffairs@usdoj.gov by March 15, 2021. Interested applicants who do not submit a Letter of Intent are still eligible to apply. For more information, see the Application and Submission Information section of this solicitation.

Pre-Application Information Sessions OVW will conduct an optional web-based Pre-Application Information Session. For more information, see the Application and Submission Information section of this solicitation.

Contact Information For assistance with the requirements of this solicitation, email OVW at OVW.TribalAffairs@usdoj.gov. Alternatively, interested parties may call OVW at 202-307-6026.

Submission Information Registration: To submit an application, all applicants must obtain a Data Universal Number System (DUNS) number and register online with the System for Award Management (SAM) and with Grants.gov. To ensure sufficient time to complete the registration process, applicants must obtain a DUNS number and register online with SAM and with Grants.gov immediately, but no later than March 15, 2021.

Submission: Applications for this program will be submitted through a NEW two-step process: (1) submission of the SF-424 and SF-LLL in Grants.gov and (2) submission of the full application including attachments in the Justice Grants System (JustGrants). Submit the SF-424 and SF-LLL as early as possible, but not later than 24-48 hours before the Grants.gov deadline. For technical assistance with Grants.gov, contact Grants.gov Applicant Support at 1-800-518-4726 or support@grants.gov. For technical assistance with JustGrants, contact OVW JustGrants Support at 1-866-655-4482 or OVW.JustGrantsSupport@usdoj.gov.

For more information about registration and submission, see the Application and Submission Information section of this solicitation.

Notification OVW anticipates notifying applicants of funding decisions by October 1, 2021.

O-OVW-2021-38008

https://www.justice.gov/ovw/open-solicitations mailto:OVW.TribalAffairs@usdoj.gov

Contents

Contact Information Program Description

Overview of OVW Statutory Authority About this OVW Program Program Scope Purpose Areas Activities that Compromise Victim Safety and Recovery or Undermine Offender Accountability Out-of-Scope Activities Activities Requiring Prior Approval

Federal Award Information Awards, Amounts and Durations Availability of Funds Types of Awards Award Period and Amounts Types of Applications Mandatory Program Requirements

Eligibility Information Eligible Applicants Ineligible Entities and Disqualifying Factors Cost Sharing or Matching Limit on Number of Applications

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 Budget and Associated Documentation Budget Worksheet and Budget Narrative (Web-based Form)

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Pre-Agreement Cost Indirect Cost Rate Agreement (if applicable) Financial Management Questionnaire (including applicant disclosure of high-risk status) Data Requested with Application Document Demonstrating Authority to Apply Additional Application Components Letters of Nonsupplanting Confidentiality Notice Form 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 . 24 How to Apply Submission Dates and Time

Application Review Information Review Criteria Review and Selection Process Anticipated Announcement and Federal Award Dates

Federal Award Administration Information Federal Award Notices Administrative, National Policy, and Other Legal Requirements General Information about Post-Federal Award Reporting Requirements . 32

Federal Awarding Agency Contact(s) Other Information

Public Reporting Burden- Paper Work Reduction Act Notice Application Checklist

Program Description Overview of OVW OVW is a component of the United States Department of Justice (DOJ). Created in 1995, OVW administers grant programs authorized by the Violence Against Women Act (VAWA) and subsequent legislation and provides national leadership on issues of domestic violence, dating violence, sexual assault, and stalking. OVW grants support coordinated community responses to hold offenders accountable and serve victims.

Statutory Authority Indian Civil Rights Act of 1968, as amended, 25 U.S.C. § 1304(f)

About this OVW Program The OVW Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction Program (Tribal Jurisdiction Program) (CFDA# 16.025) is authorized by the Indian Civil Rights Act of 1968, as amended, 25 U.S.C. § 1304(f). Through this grant program, Indian tribes receive support to exercise special domestic violence criminal jurisdiction (SDVCJ) and technical assistance (TA) for planning and implementing changes in their criminal justice systems necessary to exercise the jurisdiction. The program encourages collaborations among tribal leadership, courts, prosecutors, attorneys, defense counsel, law enforcement, probation, victim service providers, and other partners to ensure that victims find safety and justice and that non-Indians who commit crimes of domestic violence, dating violence, and violations of protection orders in the Indian country of the participating tribe are held accountable. For additional information about this program and related performance measures, including how awards contribute to the achievement of program goals and objectives, see:

OVW grant program information: OVW Grants and Programs webpage Program performance measures under the Measuring Effectiveness Initiative: VAWA Measuring Effectiveness Initiative webpage Examples of successful projects in OVW's most recent report to Congress on the effectiveness of VAWA grant programs: 2018 Biennial Report

Note: This solicitation is targeted toward tribes that have not yet begun exercising SDVCJ and tribes that are currently exercising SDVCJ but are seeking funding to plan and complete broad-scale system improvements to strengthen the exercise of SDVCJ (e.g., code development or substantial revisions, court rules and procedures development or substantial revisions, system capacity development to improve handling of cases). Tribes that are currently exercising SDVCJ and are only seeking funding to support discrete costs associated with exercising SDVCJ (e.g., incarceration costs (including medical care) for non-Indian SDVCJ defendants, defense counsel costs for non-Indian defendants, costs associated with

O-OVW-2021-38008

https://www.justice.gov/ovw/grant-programs https://www.vawamei.org/grant-programs/ https://www.vawamei.org/grant-programs/ https://www.justice.gov/ovw/page/file/1292636/download empaneling a jury for an SDVCJ trial, batterer’s intervention or other post-conviction programming costs for SDVCJ defendants) should apply for funding through the OVW FY 2021 OVW Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction: Targeted Support for Exercising Tribes Solicitation. Email OVW.TribalAffairs@usdoj.gov for more information.

Program Scope Activities supported by this program are determined by statute, federal regulations, and OVW policies. If an applicant receives an award, the funded project is bound by this solicitation, the DOJ Financial Guide, including updates to the financial guide after an award is made, the Solicitation Companion Guide, and the conditions of the award.

Purpose Areas Pursuant to 25 U.S.C. § 1304(f), funds under this program must be used for one or more of the following purposes:

To strengthen tribal criminal justice systems to assist Indian tribes in exercising SDVCJ,1.

including: (A) Law enforcement (including the capacity of law enforcement or court personnel to enter information into and obtain information from national crime information databases); (B) Prosecution; (C) Trial and appellate courts; (D) Probation systems; (E) Detention and correctional facilities; (F) Alternative rehabilitation centers;

(G) Culturally appropriate services and assistance for victims and their families;

(H) Criminal codes and rules of criminal procedure, appellate procedure, and evidence.

To provide indigent criminal defendants with the effective assistance of licensed2.

defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes a crime of domestic violence or dating violence or a criminal violation of a protection order.

To ensure that, in criminal proceedings in which a participating tribe exercises SDVCJ,3.

jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements.

To accord victims of domestic violence, dating violence, and violations of protection4.

orders rights that are similar to the rights of a crime victim described in section 3771(a) of Title 18, consistent with tribal law and custom.

Activities that Compromise Victim Safety and Recovery or Undermine Offender Accountability OVW does not fund activities that jeopardize victim safety, deter or prevent physical or emotional healing for victims, or allow offenders to escape responsibility for their actions.

Applications that propose any such activities may receive a deduction in points during the review process or may be eliminated from consideration. Information on activities that compromise victim safety and recovery or undermine offender accountability may be found in

O-OVW-2021-38008

https://www.justice.gov/ovw/open-solicitations https://www.justice.gov/ovw/open-solicitations https://www.justice.gov/ovw/open-solicitations mailto:OVW.TribalAffairs@usdoj.gov https://www.justice.gov/ovw/page/file/1298396/download https://www.justice.gov/ovw/resources-applicants https://www.govinfo.gov/content/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partII-chap237-sec3771.pdf https://www.govinfo.gov/content/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partII-chap237-sec3771.pdf the Solicitation Companion Guide.

Out-of-Scope Activities The activities listed below are out of the program scope and will not be supported by this program’s funding. See also the list of unallowable costs in the Funding Restrictions section of this solicitation.

Research projects. Funds under this program may not be used to conduct research,1.

defined in 28 C.F.R. § 46.102 as a systematic investigation designed to develop or contribute to generalizable knowledge. Surveys and focus groups, depending on their design and purpose, may constitute research and therefore be out-of-scope. Prohibited research does not include assessments conducted for internal improvement purposes only (see Limited Use of Funds below). For information on distinguishing between research and assessments, see the Solicitation Companion Guide.

Absent a change in applicable law and an approved grant award modification,2.

prosecuting cases of sexual assault that do not involve spouses, intimate partners, or dating partners.

Absent a change in applicable law and an approved grant award modification,3.

prosecuting cases that do not involve domestic violence, dating violence, and/or violations of a protection order.

Purchase or lease of vehicles.4.

Applications that propose activities deemed to be substantially out-of-scope may receive a deduction in points during the review process or may be eliminated from consideration.

Limited Use of Funds Grantees may use up to three percent of grant award funds to assess their work for internal improvement purposes only, such as by convening a listening session to identify service gaps in the community or surveying training participants about the quality of training content and delivery. Applicants considering such assessments must refer to the OVW research decision tree in the Solicitation Companion Guide to ensure that the activity does not qualify as human subjects research. The Solicitation Companion Guide also provides additional information on federal requirements related to research, assessments, and surveys.

Activities Requiring Prior Approval Activities listed below will require prior approval in order to be supported by grant funds (see the Solicitation Companion Guide for more information on relevant requirements).

Surveys, whether conducted as part of a program or needs assessment, or for any1.

other purpose. Prior approval is necessary to determine whether the activity is within the scope of the award and meets the requirements of the Paperwork Reduction Act.

Renovations, including such minor things as painting, carpeting, or installing lighting. In2.

addition to obtaining prior approval, recipients must follow all necessary steps to ensure that funded renovations are in compliance with the National Environmental Policy Act

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https://www.justice.gov/ovw/resources-applicants https://www.justice.gov/ovw/resources-applicants https://www.justice.gov/ovw/resources-applicants

(NEPA) and related laws, which may be time consuming and may include public notice and consultation.

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

Anticipated Maximum Dollar Amount of Awards $450,000.00

Period of Performance Start Date

10/1/21 12:00 AM

Period of Performance Duration (Months)

Anticipated Total Amount to be Awarded Under Solicitation $3,400,000.00

Availability of Funds All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. There is no guarantee that funds will be available in the future. OVW may elect to make awards in a future fiscal year for applications submitted under this solicitation but not selected for FY 2021 funding, depending on the merits of the applications and the availability of funding.

Types of Awards Awards will be made as grants.

Award Period and Amounts The award period for new awards is 36 months. Budgets must reflect 36 months of project activity, and the total “estimated funding” on the SF-424 must reflect 36 months. OVW anticipates that the award period will start on October 1, 2021.

The award period for continuation awards is 24 months. Budgets must reflect 24 months of project activity, and the total “estimated funding” on the SF-424 must reflect 24 months.

OVW anticipates that the award period will start on October 1, 2021.

This program typically makes awards in the range of $300,000 - $450,000. OVW estimates that it will make up to 10 awards for an estimated $3,400,000.

Funding levels under this solicitation for FY 2021 are:

New awards: $450,000 for the entire 36 months.1.

Continuation awards: $300,000 for the entire 24 months.2.

OVW has the discretion to make awards for greater or lesser amounts than requested and to negotiate the scope of work and budget with applicants prior to making an award.

Types of Applications In FY 2021, OVW will accept applications for this program from the following:

New: Tribes that have never received funding under this program and tribes that received funding under this program in FY 2016.

Continuation: Current grantees that received new awards under this program in FY 2017 or FY 2018 are eligible to apply for 24 months of continuation funding.

Current grantees that received new 36 month awards in FY 2017 or FY 2018, are currently exercising SDVCJ, and are only seeking funding to support discrete costs associated with exercising the jurisdiction ((e.g. incarceration costs (including medical care) for non-Indian defendants, defense counsel costs for non-Indian defendants, costs associated with paneling a jury for a SDVCJ trial, batterer’s intervention or other post-conviction programming costs for SDVCJ defendants) may choose to apply for continuation funding under this solicitation or the Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction: Targeted Support for Exercising Tribes Solicitation. Continuation funding is not guaranteed.

Recipients of a new 36 month award in FY 2019 or a new or continuation award in FY 2020 under this program are NOT eligible to apply.

Note: Current grantees with a substantial amount of unobligated funds remaining (50 percent or more of the previous award) as of March 31, 2021 without adequate justification may not be considered for funding or may receive a reduced award amount if selected for funding in FY 2021.

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Applicants that receive funding under this solicitation will be required to engage in the following activities:

OVW-sponsored training and technical assistance (TTA). This includes joining and actively participating in the Inter-tribal Technical Assistance Working Group (ITWG), in addition to other OVW training and TA opportunities. The ITWG is a working group of tribal representatives who exchange views, information, and advice about how tribes may best exercise SDVCJ and address responses to domestic violence, dating violence, and violations of protection orders. Recipients are encouraged to ensure all Memorandum of Understanding/Internal Memorandum of Understanding (MOU/IMOU) partners have multiple opportunities to participate in OVW training and TA throughout the project period.

1.

OVW may conduct a program assessment or evaluation necessitating grantee involvement. Therefore, recipients may be expected to dedicate some OVW-funded time and resources to participating in an assessment or evaluation.

2.

Planning Period. New and continuation recipients must engage in a planning period to further develop the project and corresponding budget. Recipients will participate in webinars and in-person planning sessions to develop additional grant documentation.

An award condition will limit available funds to those needed for costs such as travel for training and TA and staff salary and fringe during the planning stage. This condition will be removed for full project implementation once all documentation has been reviewed and approved by OVW.

3.

SDVCJ Readiness Certification. Some awards will include an award condition that requires certain tribal officials to certify they are familiar with the Indian Civil Rights Act, as amended, 25 U.S.C. §§ 1301–1304, including the amendments made by the Violence Against Women Reauthorization Act of 2013 (VAWA 2013). The chief executive of the tribe and the chief legal officer also are required to certify that the tribe’s criminal justice system has adequate safeguards in place to protect defendants’ rights. The chief judicial officer is also required to certify to familiarity with tribal constitution, code, and rules provisions to implement SDVCJ, including provisions that safeguard defendants’ rights. Certifications will be required prior to grant funds being used for the prosecution or incarceration of non-Indian defendants. Tribes designated a Pilot Project Tribe by the Department of Justice during the VAWA 2013 pilot period and tribes that previously received OVW approval to use funds under this program to exercise SDVCJ will not have this condition attached to their awards.

4.

MOU/IMOU. New and continuation recipients will develop and submit the MOU/IMOU during the planning stage of the grant project. Applicants should not submit the MOU/IMOU at the time of application. Recipients must engage partners, representing various disciplines, to plan, implement, and exercise SDVCJ. Required partners for the Tribal Jurisdiction Program are: Tribal Leadership; Tribal Judge; Tribal Prosecutor’s

5.

Office; Tribal Attorney/In-house General Counsel; Law Enforcement; and Victim Service Provider. Per 34 U.S.C. § 12291(a)(43), a "victim service provider" is a nonprofit, nongovernmental or tribal organization or rape crisis center, including a state or tribal domestic violence and/or sexual assault coalition, that assists or advocates for domestic violence, dating violence, sexual assault, or stalking victims, including a domestic violence shelter, faith-based organization or other organization, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking. Service providers must provide direct services to victims of domestic violence, dating violence, sexual assault, or stalking as one of their primary purposes and have a demonstrated history of effective work in this field. Other partners could include indigent defense counsel/public defender’s office, court administrator, court services (pre-trial/probation), jail administrator, or other programs and partners that will contribute to the successful planning and implementation of the proposed project in the tribal community. Tribes are encouraged to include a Tribal Domestic Violence and/or Sexual Assault Coalition as a partner if one is active in their area.

Eligibility Information Eligible Applicants Governments of Indian tribes, that have jurisdiction over Indian country, are eligible to apply for this program. See 25 U.S.C. § 1304(f).

“Indian tribe” means any tribe, band, or other group of Indians subject to the jurisdiction of the United States and recognized as possessing powers of self-government. 25 U.S.C. § 1301(1). “Indian country,” means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and

(c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. 18 U.S.C. § 1151, Ineligible Entities and Disqualifying Factors Applications submitted by ineligible entities or that do not meet all program eligibility requirements will not be considered for funding. In addition, an application deemed deficient in one or more of the following categories may not be considered for funding: 1. activities that compromise victim safety, 2. out-of-scope activities, 3. unallowable costs, 4. pre-award risk assessment, 5. completeness of application contents, and 6. timeliness. Failure to comply fully with all applicable unique entity identifier and SAM requirements (see Application and Submission section for more information on these requirements) will result in removal from consideration. An applicant with past performance issues, long-standing open audits, or an open criminal investigation also may not be considered for funding.

Cost Sharing or Matching This program has no matching or cost-sharing requirement.

Limit on Number of Applications

OVW will consider only one application per organization for the same service area. In addition, if an applicant submits multiple versions of the same application, OVW will review only the most recent system-validated version submitted before the deadline.

Application and Submission Information Address to Request Application Package The complete application package (this solicitation, including links to required forms) is available on Grants.gov and on the OVW website. Applicants wishing to request a paper copy of these materials should contact 202-307-6026.

Pre-Application Information Session OVW will conduct an optional web-based pre-application information session. During this session, OVW staff will review this program’s requirements, review the solicitation, and allow for a brief question and answer period. The session is tentatively scheduled for:

Tuesday, February 9, 2021, at 2:00 p.m. E.T.

Participation in a pre-application information session is optional and not a requirement to be eligible to apply.

To register, contact the Tribal Jurisdiction Program at OVW.TribalAffairs@usdoj.gov or at 202- 307-6026. Registration must be received at least one day prior to the start of the session.

Participants are not registered until they receive a confirmation email. Interested applicants needing language assistance should contact this program at OVW.TribalAffairs@usdoj.gov or at 202- 307-6026 as soon as possible, but no later than February 3, 2021.

https://www.justice.gov/ovw/how-apply

Content and Form of Application Submission The information below (“ Letter of Intent” through “ Submission Dates and Times”) describes the full content and form of application submission.

Letter of Intent Applicants intending to apply for FY 2021 funding under this program are strongly encouraged to submit a Letter of Intent. The letter should state that the applicant is registered and current with SAM and with Grants.gov. The letter should be submitted to OVW at OVW.TribalAffairs@usdoj.gov by March 15, 2021. This letter will not obligate the applicant to submit an application. See the OVW website for a sample Letter of Intent.

Formatting and Technical Requirements Applications must follow the requirements below for all documents, unless otherwise noted.

Points may be deducted for applications that do not adhere to the following requirements:

Double-spaced (Data Requested with Application, Pre-Award Risk Assessment, and1.

charts may be single-spaced).

8½ x 11 inch pages.2.

One-inch margins.3.

Type no smaller than 12 point, Times New Roman (TNR) or Arial font, except for4.

footnotes, which may be in 10-point font.

Page numbers.5.

No more than 20 pages for the Proposal Narrative.6.

Word documents in the following formats: Microsoft Word (.doc), PDF files (.pdf), or7.

Text Documents (.txt).

Headings and sub-headings that correspond to the sections identified in this section of8.

the solicitation.

Application Contents Applications must include the required documents and demonstrate that the program eligibility requirements have been met. For a complete checklist of the application contents, see the Application Checklist in the Other Information section of this solicitation.

Applications that do not include all of the following documents will be considered substantially incomplete and will not be considered for funding:

Proposal Narrative.1.

Budget Detail Worksheet and Narrative.2.

Document Demonstrating Authority to Apply.3.

Information to Complete the Application for Federal Assistance

(SF-424)

Application for Federal Assistance (SF-424) Applicants must complete the SF-424 in Grants.gov. The SF-424 is generated when the

O-OVW-2021-38008

applicant begins the submission process. For “Type of Applicant,” do not select “Other.”

The amount of federal funding requested in the “Estimated Funding” section of this form must match the amount of federal funding requested in the budget section of the application package. This program does not require a match; therefore, the values for the Applicant line should be zero. The individual who is listed as “ Authorized Representative” must be an individual who has the authority to apply for and accept grant awards on behalf of the organization or jurisdiction.

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

Disclosure of Lobbying Activities (SF-LLL) All applicants must complete and submit the Disclosure of Lobbying Activities (SF-LLL) form in Grants.gov. Applicants that expend any funds for lobbying activities must provide the information requested on the SF-LLL. Applicants that do not expend any funds for lobbying activities should enter “N/A” in the required highlighted fields.

Standard Applicant Information (JustGrants 424 and General Agency Information) Applicants must complete this web-based form in JustGrants, which is pre-populated with the SF-424 data submitted in Grants.gov. Applicants are required to review the Standard Applicant Information and make edits as needed, confirm the Authorized Representative, verify the legal name and address, and enter the ZIP code(s) for the areas affected by the project.

Proposal Abstract The Proposal Abstract must provide a short summary (no more than two pages double-spaced) of the proposed project, including names of applicant and partners, project title, purpose of the project (including goal and intended outcome), primary activities for which funds are requested, who will benefit (including geographic area to be served), products and deliverables, and how the applicant will measure progress in completing project goals and objectives. Applicants must not summarize past accomplishments in this section. The Proposal Abstract is to be entered into a text box in JustGrants. The total point value for the Proposal Abstract section is 5 points. Applicants are encouraged, but not required, to use the following template for the abstract.

The <Tribe Legal Name> is a federally recognized tribe located in <general geographic area e.g., in the northwest corner of XYZ state>. The tribe’s internal <and external > partners, are committed to exercising SDVCJ to ensure that victims find safety and justice and that non- Indians who commit crimes of domestic violence, dating violence, and violations of protection orders within their jurisdiction are held accountable. The <component of the Tribal Government that will be the lead partner e.g., ABC Tribal Attorney General> will lead the <Tribe Name Project title> Project. The project partners will engage in activities focused on <The four purpose areas under this grant program are listed here. Delete any this project will not be implementing. strengthening the tribal criminal justice system in order to exercise SDVCJ; providing indigent criminal defendants, in SDVCJ proceedings, with effective assistance of licensed defense counsel; ensuring jurors are summoned, selected, and instructed appropriately; and according victim’s rights that are similar to the rights of a crime victim described in section 3771(a) of Title 18, consistent with tribal law and custom>. Specific activities include, but are not limited to: <add two or three key activities grant funds will support e.g., developing and publishing the tribal SDVCJ law and order code; planning and implementation of the indigent defense counsel program; ensuring SDVCJ defendants receive medical care while incarcerated>; <the following four activities will remain at the end of this sentence for all projects – do not delete> completing the required planning period to engage required and key partners in a planning process and memorandum of understanding development; participating in the Inter-Tribal Technical Assistance Working Group (ITWG) on SDVCJ; participating in on-site and other training and technical assistance opportunities; and submitting the SDVCJ supporting certifications for OVW review and approval if required. The timing for performance of this award is <insert 24 for continuation applications or 36 for new applications> months.

Proposal Narrative The Proposal Narrative may not exceed 20 pages, double-spaced, and reviewers will not read beyond this page limit. The Proposal Narrative must include the following three sections: 1) Initial Assessment; 2) What Will Be Done; and 3) Who Will Implement the Proposal. The total point value for the proposal narrative section is 75 points. Applicants must upload the Proposal Narrative as an attachment in JustGrants.

Initial Assessment (30 points)

This section must describe:

The challenge or need faced by the community and how the goal/vision for the proposal1.

will meet that need.

The communities to be served, including the geographic location, the populations in the2.

service area, and any available, relevant victimization rates.

Describe the tribe’s existing criminal justice system in the context of readiness to3.

exercise SDVCJ while protecting defendants’ rights , consistent with 25 U.S.C. § 1304. Discuss each of the following elements of the tribe’s criminal justice system identifying strengths and gaps where relevant.

Tribal constitution: Specifically discuss whether amendments are necessary ina.

order to exercise SDVCJ.

Tribal law and order code: Specifically state whether current domestic violenceb.

and protection order violation offenses will need to be amended to exercise

SDVCJ.

Law enforcement services: Discuss how law enforcement services are provided inc.

the tribal community (e.g. under a 638 self-determination contract; by cross-deputization agreement; through the Bureau of Indian Affairs' Office of Justice Services; or other arrangement).

Tribal prosecution: Specifically state if the tribe has any Special Assistant U.S.d.

Attorneys (“SAUSAs”) and/or experienced or specialized domestic violence prosecutors.

Tribal court processes and practices: Specifically discuss whether the tribe has ae.

trial and an appellate court; specialized domestic violence court or docket; publicly available laws and rules; published rules of criminal procedure, appellate procedure, and evidence; judges who are licensed attorneys with sufficient training to preside over criminal proceedings; a jury pool that does not exclude non-members of the tribe and non-Indians; and availability of records of criminal proceedings.

Pre-trial supervision and probation systems.f.

Detention and correctional facilities.g.

Alternative rehabilitation programs.h.

Availability of counsel for indigent defendants: Specifically discuss whether thei.

tribe uses a public defender system; contract system; or assigned counsel system and how defendants are screened for indigence.

Availability of medical care for incarcerated non-Indian defendants.j.

Role of victim advocates within the criminal justice system.k.

The tribe’s formal or informal policies for coordinating with federal and/or statel.

criminal investigators and prosecutors in cases where the tribe may have concurrent criminal jurisdiction.

Training and/or TA needed to evaluate the tribe’s criminal justice system to planm.

for, implement, and exercise SDVCJ.

What Will Be Done (35 points)

The application must provide a clear link between the proposed activities and the need identified in the “Initial Assessment” section above. The application must not include any of the activities listed as unallowable costs in the Funding Restrictions section of this solicitation.

This section must describe:

The approach to addressing the challenge or need identified in the Initial Assessment1.

section above. Clearly state the project’s measurable goals, objectives, activities, and timeline (by month or quarter) that will enhance or enable the exercise of SDVCJ in the tribe’s jurisdiction.

How the applicant will measure its progress in achieving the proposal’s goal(s)/vision.2.

Identify targeted outcome(s) and describe any tool(s) the applicant will use to track those outcomes and report them to OVW. Tools may include OVW performance progress reports and logic model templates (both available at VAWA Measuring Effectiveness Initiative).

How the applicant will move to project sustainability; continuation applicants must3.

provide specific details.

The tangible products to be purchased, developed, or revised with grant funds (e.g.,4.

data collection systems, audio or video recording systems, law and order codes, administrative rules, or curricula, and must detail how the tangible products will enhance and/or enable the tribe’s ability to exercise SDVCJ.

The plan to address victim safety concerns that may arise from the use of the5.

technology, such as confidentiality, safety planning, and informed consent If the applicant is proposing to use any technology (including, but not limited to, security systems, audio recording systems, GPS monitoring, or computer software systems).

How the project will address the victimization rates identified in the Purpose of the6.

Proposal section.

How the proposed project will reach each population identified in the Purpose of the7.

Proposal section.

Who Will Implement the Proposal (10 points)

This section must:

Identify the key individuals and organizations, including project partners, involved in the1.

proposed project.

Required project partners (tribal leader, judge, prosecutor, general counsel/tribala.

attorney, law enforcement, and victim service provider). Identify the positions, if any, that will be created by or paid for with grant funds.

Optional project partners (e.g., tribal coalition, jail administrator, court servicesb.

officer, code reviser, batterer’s intervention facilitator), if applicable. Identify the positions, if any, that will be created by or paid for with grant funds.

If applicable, identify all other positions created by or paid for with grant fundsc.

including regular, contract, and consultant positions and their role within the proposed project.

Demonstrate that the individuals and organizations identified have the capacity to2.

address the stated need and can successfully implement the proposed project activities;

attach job descriptions of all key personnel.

Budget and Associated Documentation Applicants must complete the web-based form in JustGrants for the budget worksheet and budget narrative. Applicants also must upload the applicable associated documentation as described below under each heading. The budget worksheet and budget narrative are worth a total of 15 points and will be reviewed separately from the proposal narrative. The associated documentation will not be scored, but failure to include it may result in removal from consideration or a delay in access to funding.

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Budget Worksheet and Budget Narrative (Web-based Form) Complete the budget worksheet and narrative form for all applicable cost categories. The budget narrative must describe each line item requested in the budget and explain all costs included in the budget, including how the costs of goods and services are determined and how they will fulfill the objectives of the project. See the sample budget and the Creating a Budget webinar available on the OVW website at OVW website. Keep in mind that budgetary requirements vary among programs. Applicants must submit reasonable budgets based on the resources needed to implement their projects in their specific geographic location.

Award Period and Amount

New: Applicants may submit budgets up to $450,000 for a project period of 36 months.

Continuation: Applicants may submit budgets up to $300,000 for a project period of 24 months.

The budget must:

Display a clear link between the specific project activities and the proposed budget1.

items. The budget should not contain items that are not supported by the proposal narrative.

New applicants: Include funds to attend OVW-sponsored training and TA in the2.

amount of $30,000. This amount is for the entire 36 months and NOT per year.

Applicants also may budget expenses in excess of the required amount if they are aware of relevant non-OVW sponsored conferences for training for which they would like permission to use grant funds to support staff/project partner attendance.

Continuation applicants: Include funds to attend OVW-sponsored training and TA in the amount of $15,000. This amount is for the entire 24 months and NOT per year.

Applicants also may budget expenses in excess of the required amount if they are aware of relevant non-OVW sponsored conferences or training for which they would like permission to use grant funds to support staff/project partner attendance.

Limit costs for medical care of incarcerated non-Indian SDVCJ defendants to a3.

maximum of 20% of the total project budget.

Include funds or describe other resources available to the applicant to ensure access for4.

individuals with disabilities, Deaf/hard of hearing individuals, and persons with limited English proficiency. See Accessibility under Federal Award Administration Information for more information.

Distinguish clearly between subawards and contracts in allocating any grant funds to5.

other entities. Pursuant to 2 C.F.R. § 200.331, a subaward is for the purpose of carrying out a portion of the federal award, such as compensating an MOU partner, and a contract is for the purpose of obtaining goods and services for the grantee’s own use.

The substance of the relationship is more important than the form of the agreement in determining whether the recipient of the pass-through funds is a subrecipient or a contractor. The awarding and monitoring of contracts must follow the recipient’s documented procurement procedures, including full and open competition, pursuant to the procurement standards and monitoring requirements in 2 C.F.R. §§ 200.317-200.329. The issuance and monitoring of subawards must meet the requirements of 2 C.F.R. § 200.332, which includes oversight of subrecipient/partner spending and monitoring performance measures and outcomes attributable to grant funds. For more information, see the sample Budget Detail Worksheet and the Solicitation Companion Guide on the OVW website.

OVW awards are governed by the provisions of 2 C.F.R. Part 200 and the DOJ Financial Guide, which include information on allowable costs, methods of payment, audit requirements, accounting systems, and financial records. For additional information on allowable and unallowable costs, see the Funding Restrictions section below and the sample budget on the OVW website.

Funding Restrictions The following information is provided to allow applicants to develop an application and budget consistent with program requirements.

Unallowable Costs The costs associated with the activities listed below are unallowable and must not be included in applicants’ budgets.

Lobbying. 1.

Fundraising.2.

Purchase of real property.3.

Physical modifications to buildings, including minor renovations (such as painting or4.

carpeting) without prior approval by OVW through the submission of a detailed Award Deliverable in JustGrants.

Construction.5.

Food and Beverage/Costs for Refreshments and Meals Generally, food and beverage costs are not allowable. Recipients must receive prior approval to use grant funds to provide a working meal and/or refreshments at a meeting, conference, training, or other event; OVW may provide such approval if one of the following applies:

The location of the event is not in close proximity to food establishments, despite efforts1.

to secure a location near reasonably priced and accessible commercial food establishments.

Not serving food will significantly lengthen the day or necessitate extending the meeting2.

to achieve meeting outcomes.

A special presentation at a conference requires a plenary address where there is no3.

other time for food to be obtained.

Other extenuating circumstances necessitate the provision of food.4.

Justification for an exception listed above must be included in the applicant’s budget narrative. For additional information on restrictions on food and beverage expenditures, see OVW conference cost planning.

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Conference Planning and Expenditure Limitations Applicants’ budgets must be consistent with all requirements (including specific cost limits and prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (which is defined to include meetings, retreats, seminars, symposiums, training, and other similar events), and costs of attendance at such events. Information on conference planning, minimization of costs, and conference reporting is available at OVW conference cost planning.

Pre-Agreement Cost OVW generally does not allow pre-award costs. Costs incurred prior to the start date of the award may not be charged to the project unless the recipient receives prior approval from OVW. See the DOJ Financial Guide for more information on pre-award costs.

Indirect Cost Rate Agreement (if applicable) Applicants that intend to charge indirect costs through the use of a negotiated indirect cost rate must have a current, signed, federally-approved indirect cost rate agreement.

Applicants may attach a copy of the agreement to their application in JustGrants or may submit it later if selected for funding. Applicants (other than state, local, and tribal governments) that do not have a current negotiated (including provisional), rate may elect to charge a de minimis rate of 10% of modified total direct costs, which may be used indefinitely.

State, local, and tribal governments that have never negotiated an indirect cost rate with the federal government and receive less than $35 million in direct federal funding per year also may choose to use the 10% de minimis rate.

Organizations that wish to negotiate an indirect cost rate should contact OVW’s Grants Financial Management Division at OVW.GFMD@usdoj.gov or 1-888-514-8556 for more information.

Financial Management Questionnaire (including applicant disclosure of high-risk status) Pre-Award Risk Assessment Each applicant must respond to the questions below in a document uploaded and attached to its application in JustGrants. Do not submit responses from a prior fiscal year without updating them to be responsive to all questions listed below. This information will be used for a mandatory pre-award risk assessment. Failure to provide this information or to respond to questions from OVW regarding this information in a timely manner could result in the application being removed from consideration or a delay in access to funds. Provide complete responses that address all questions included for each numbered item. This document should be no more than four pages and may be single or double-spaced.

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Will all funds awarded under this program be maintained in a manner that they will be1.

accounted for separately and distinctly from other sources of revenue/funding? Provide a brief description of the applicant’s policies and procedures that ensure funds will be tracked appropriately.

Does the applicant have written accounting policies and procedures? How often are2.

these policies and procedures updated? Provide a brief list of the topics covered in the applicant’s policies and procedures. OVW may request a copy for review during the application/award process or as part of the grant monitoring process.

Is the applicant’s financial management system able to track actual expenditures and3.

outlays with budgeted amounts for each grant or subgrant? Provide a brief summary of the organization’s process for tracking expenditures, including tracking budgeted versus actual amounts.

Does the applicant have procedures in place for minimizing the time between transfer of4.

funds from the United States Treasury and disbursement for project activities? Provide a short summary of the applicant’s policy for requesting payments for grant awards.

Does the applicant have effective internal controls in place to ensure that federal funds5.

are used solely for authorized purposes? Provide a brief description of the applicant’s internal controls that will provide reasonable assurance that the award funds will be managed properly.

Does the applicant have a documented records retention policy? If so, briefly describe6.

the policy and confirm that the policy complies with federal regulations. Information on Record Retention and Access can be found at 2 C.F.R. §§ 200.334-200.338.

Does the applicant or any of its employees have any potential personal or7.

organizational conflicts of interest related to the possible receipt of OVW award funds?

Applicants are required to disclose in writing any potential conflicts of interest to their awarding agency. See 2 C.F.R. § 200.112 and Chapter 3.20, Grant Fraud, Waste and Abuse, of the DOJ Financial Guide for additional information.

Is the individual primarily responsible for fiscal and administrative oversight of grant8.

awards familiar with the applicable grants management rules, principles, and regulations including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200)? Provide a short list of the individual’s qualifications/experience.