PKG00264935-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: Targeted Support for Exercising Tribes

Solicitation Assistance Listing Number # 16.025

Grants.gov Opportunity Number: O-OVW-2021-51004

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 and are currently exercising Special Domestic Violence Criminal Jurisdiction (SDVCJ). For more information, see the Eligibility Information section of this solicitation.

Note: This solicitation is targeted toward tribes that are currently exercising SDVCJ

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and are only seeking funding to support discrete costs associated with exercising the jurisdiction. Tribes that are not currently exercising SDVCJ may be eligible to receive funding through the OVW FY 2021 Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction 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.

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

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

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 Cost Sharing or Matching Other Program Eligibility Requirements

Application and Submission Information Information to Complete the Application for Federal Assistance (SF-424) . 15 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) Pre-Agreement Cost

Indirect Cost Rate Agreement (if applicable) Data Requested with Application Exercising SDVCJ Certification 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 . 31

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). This targeted solicitation under the Tribal Jurisdiction Program assists Indian tribes that currently are exercising special domestic violence criminal jurisdiction (SDVCJ) by providing financial support for discrete costs that result from the exercise of SDVCJ and related training and technical assistance (TTA).

Note: Tribes that have not yet begun to exercise SDVCJ and tribes that are currently exercising but are seeking funding to plan and complete broad-scale system improvements to strengthen the exercise of SDVCJ should apply for funding through the FY 2021 OVW Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction solicitation.

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

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

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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 targeted solicitation may be used to defray costs resulting from a tribe’s exercise of SDVCJ, including costs associated with law enforcement, prosecution, trial and appellate courts, probation systems, detention and correction facilities, alternative rehabilitation, culturally appropriate assistance for victims and their families, providing defense counsel to indigent criminal defendants, and empaneling juries.

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 the Solicitation Companion Guide.

Out-of-Scope Activities The activities listed below are out of the scope of this targeted solicitation 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.

Developing or substantially revising codes, court rules, procedures, or other activities5.

focused on effecting system changes or improvements. Note: Tribes seeking funding for these activities should apply under the FY 2021 OVW Grants to Tribal Governments

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https://www.justice.gov/ovw/page/file/1298396/download https://www.justice.gov/ovw/resources-applicants https://www.justice.gov/ovw/resources-applicants https://www.justice.gov/ovw/resources-applicants https://www.justice.gov/ovw/open-solicitations to Exercise Special Domestic Violence Criminal Jurisdiction solicitation.

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. Applications that propose activities that better fit the parameters of the FY 2021 OVW Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction solicitation may be considered under that solicitation.

Limited Use of Funds Grantees may use up to one 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 (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 $200,000.00

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Period of Performance Start Date

10/1/21 12:00 AM

Period of Performance Duration (Months)

Anticipated Total Amount to be Awarded Under Solicitation $1,500,000.00

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. OVW may offer to fund applications submitted under this targeted solicitation under the FY 2021 OVW Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction solicitation if the proposed project better fits within the parameters of that solicitation.

Types of Awards Awards will be made as grants.

Award Period and Amounts The award period 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.

Awards under this targeted solicitation will be made in the range of $150,000 - $200,000.

OVW estimates that it will make up to 10 awards for an estimated $1,500,000.

Awards under this program for FY 2021 will be made for up to $200,000 for the entire 24 months. Awards may be made for a greater amount with sufficient justification, including the need to ensure accessibility for individuals with disabilities, individuals who are Deaf or hard of hearing, and persons with limited English proficiency.

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.

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In FY 2021, OVW will accept applications for this targeted solicitation from the following:

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

Continuation Applicants: Current OVW Tribal Jurisdiction program grantees that received new awards in FY 2017 or FY 2018 and meet the eligibility requirements of this solicitation may choose to apply for continuation funding under this targeted solicitation or the OVW FY 2021 Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction 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 the OVW Tribal Jurisdiction Program are NOT eligible to apply.

Note: Current OVW Tribal Jurisdiction Program 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.

Mandatory Program Requirements Applicants that receive funding under this program will be required to engage in the following activities:

OVW-sponsored TTA. This includes joining and actively participating in the Inter-tribal1.

Technical Assistance Working Group (ITWG), in addition to other OVW TTA 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.

OVW may conduct a program assessment or evaluation necessitating grantee2.

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

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).

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“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.

Other Program Eligibility Requirements In addition to meeting the eligible entity requirements outlined above, applicants for this targeted solicitation must also meet the requirements below. All certification and other eligibility related documents must be current and developed in accordance with the FY 2021 solicitation.

Certifications must take the form of a letter, on letterhead, signed, and dated by the authorized representative. Failure to provide required certifications may disqualify an application from further consideration. At a minimum, an application missing the required certification letter will be required to submit a certification letter prior to receiving an award. The signed certification letter must be uploaded as a separate attachment in JustGrants.

Exercising SDVCJ Certification To be eligible for an award, the applicant must certify in writing that:

The tribe is currently exercising SDVCJ in its jurisdiction. Provide the date the tribe1.

began exercising SDVCJ.

The tribe’s exercise of SDVCJ is consistent with requirements of the Indian Civil Rights2.

Act, as amended, 25 U.S.C. §§ 1301– 1304, including the amendments made by the

Violence Against Women Reauthorization Act of 2013, specifically:

In criminal proceedings in which the Tribe exercises SDVCJ, the Tribe provides the defendant the right to a trial by an impartial jury that is drawn from sources that reflect a fair cross section of the community and does not systematically exclude any distinctive group in the community, including non-Indians.

In criminal proceedings in which the Tribe exercises SDVCJ and in which a term of imprisonment of any length may be imposed, the Tribe provides the defendant the right to effective assistance of counsel at least equal to that guaranteed by the United States Constitution.

In criminal proceedings in which the Tribe exercises SDVCJ and in which a term of imprisonment of any length may be imposed, the Tribe provides to each indigent defendant, at no cost to the defendant, the right to the assistance of a defense attorney licensed to practice law by any jurisdiction in the United States that applies appropriate professional licensing standards and effectively ensures the competence and professional responsibility of its licensed attorneys.

In criminal proceedings in which the Tribe exercises SDVCJ and in which a term of imprisonment of any length may be imposed, the Tribe provides the defendant the right to a criminal proceeding presided over by a judge who has sufficient legal training to preside over criminal proceedings and is licensed to practice law by any jurisdiction in the United States.

In criminal proceedings in which the Tribe exercises SDVCJ and in which a term of imprisonment of any length may be imposed, the Tribe, prior to charging the defendant, makes publicly available the criminal laws (including regulations and interpretative documents), rules of evidence, and rules of criminal procedure (including rules governing the recusal of judges in appropriate circumstances) of the tribal government.

In criminal proceedings in which the Tribe exercises SDVCJ and in which a term of imprisonment of any length may be imposed, the Tribe maintains a record of the criminal proceedings, including an audio or other recordings of the trial proceedings.

The Tribe provides to each person detained by order of the Tribe timely notice of the person’s rights and privileges to file in a court of the United States a petition for a writ of habeas corpus under 25 U.S.C. § 1303 and a petition to stay further detention under 25 U.S.C. § 1304(e).

In criminal proceedings in which the Tribe exercises SDVCJ, the Tribe provides to the defendant all applicable rights under the Indian Civil Rights Act of 1968, as amended, including but not limited to (a) the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, and not to be subjected to a warrant unless it was issued upon probable cause, was supported by oath or affirmation, and particularly described the place to be searched and the person or thing to be seized; (b) the right not to be twice put in jeopardy for the same offense; (c) the right not to be compelled to be a witness against himself; (d) the right to a speedy and public trial; (e) the right to be informed of the nature and cause of the accusation; (f) the right to be confronted with the witnesses against him; (g) the right to have compulsory process for obtaining witnesses in his favor; (h) the right to be free from excessive bail; (i) the right to be free from excessive fines; (j) the right against cruel and unusual punishments; (k) the right to the equal protection of the Tribe’s laws; (l) the right not to be deprived of liberty or property without due process of law; (m) the right not to be subjected to an ex post facto law; and (n) the right to a trial by jury of not less than six persons?

The Tribe exercises SDVCJ over defendants only for criminal conduct constituting, within the meaning of 25 U.S.C. § 1304, either (a) an act of domestic violence or dating violence that occurs in the Indian country of the Tribe, or (b) an act that occurs in the Indian country of the Tribe and violates the portion of a protection order that (1) prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; (2) was issued against the defendant; (3) is enforceable by the Tribe; and (4) is consistent with 18 U.S.C. § 2265(b).

In criminal proceedings in which the Tribe exercises SDVCJ, the Tribe convicts non-Indian defendants at trial only if the Tribe proves that the alleged victim is an Indian.

In criminal proceedings in which the Tribe exercises SDVCJ, the Tribe convicts a defendant at trial only if the Tribe proves that the defendant resides in the Indian country of the Tribe; is employed in the Indian country of the Tribe; or is a spouse, intimate partner, or dating partner either of a member of the Tribe or of an Indian who resides in the Indian country of the Tribe.

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 OVW.TribalAffairs@usdoj.gov or 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

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https://www.justice.gov/ovw/how-apply mailto:OVW.TribalAffairs@usdoj.gov for a brief question and answer period. The session is tentatively scheduled for:

Tuesday, February 9, 2021, at 4:00 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. The webinar will be captioned in English and Spanish. Interested applicants needing additional 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 2, 2021.

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 15 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

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mailto:OVW.TribalAffairs@usdoj.gov mailto:OVW.TribalAffairs@usdoj.gov requirements have been met. For a complete checklist of the application contents, see the Application Checklist at the end 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.

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 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.

The Proposal Abstract must provide a short summary (no more than two pages double-spaced) of the proposed project, including name of applicant, 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 will 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 began exercising SDVCJ in <year the tribe implemented 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. These funds will support the tribe's continued exercise of SDVCJ, including but not limited to: <add two or three key activities grant funds will support (e.g., providing indigent criminal defendants with licensed defense counsel;

ensuring non-Indian SDVCJ defendants receive medical care while incarcerated; supporting the cost of incarcerating non-Indian SDVCJ defendants)>; <the following two activities will remain at the end of this sentence for all projects - do not delete> participating in the Inter- Tribal Technical Assistance Working Group (ITWG) on SDVCJ; and participating in on-site and other training and technical assistance opportunities. The timing for performance of this award is 24 months.

Proposal Narrative The Proposal Narrative may not exceed 15 pages, double-spaced, and reviewers will not read beyond this page limit. The Proposal Narrative must include the following three sections: 1) Purpose of the Proposal; 2) What Will Be Done; and 3) Who Will Implement the Proposal. The total point value for the proposal narrative section is 80 points. Applicants must upload the Proposal Narrative as an attachment in JustGrants.

Purpose of the Proposal (35 points)

This section must:

Briefly discuss the tribal community to be served. 1.

Briefly describe the Tribe’s exercise of SDVCJ. Responses for each of the following2.

elements could be a short as one sentence. (A) Law Enforcement services. State how law enforcement services are provided in 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). (B) Tribal prosecution.

State how prosecution services are provided in the tribal community (e.g., part-time or full-time Tribal Prosecutor employed by the tribe or contracted Tribal Prosecutor).

Specifically state if the tribe has any Special Assistant U.S. Attorneys (“SAUSAs”) and/or experienced or specialized domestic violence prosecutors. (C) Pre-trial supervision and probation. Briefly describe any pre-trial supervision and/or probation services available for non-Indian SDVCJ defendants. (D) Detention and corrections.

Briefly describe how detention and corrections for non-Indian defendants are provided (e.g., at a tribally operated correction facility, through a pay-per-day agreement with a city or county facility, or other arrangement). (E) Alternative rehabilitation programs.

Briefly discuss the availability and provision of alternative rehabilitation programs for non-Indian SDVCJ defendants. (F) Indigent defense counsel. Discuss how the tribe provides indigent defense counsel (e.g., public defender system; contract system; or assigned counsel system) for non-Indian SDVCJ defendants and how defendants are screened for indigence. (G) Provision of medical care. Discuss existing measures to provide for the medical care of non-Indian SDVCJ defendants. (H) Accessibility for individuals with disabilities, individuals who are Deaf or hard of hearing, and persons with limited English proficiency. Provide a brief description of existing measures to ensure accessibility for individuals with disabilities, individuals who are Deaf or hard of hearing, and persons with limited English proficiency. Briefly state whether measures are sufficient to ensure accessibility to grant funded services or if grant funds would be needed for this purpose. (I) Training and technical assistance.

Discuss the SDVCJ training plan (both new hire and on-going, if any) for Tribal leaders, law enforcement, victim advocates, prosecutors, indigent defense counsel, court staff, judges, jail staff, and community.

Provide a bulleted list of need(s) to be addressed through this proposal that will enable3.

the tribe to continue exercising SDVCJ consistent with requirements of the Indian Civil Rights Act, as amended, 25 U.S.C. §§ 1301– 1304. This list should only include discrete needs directly related to exercising SDVCJ. The needs list must include training and technical assistance. Also, if the accessibility measures described immediately above were determined to be insufficient to support this project, “measures to ensure accessibility” must be included.

Provide data for the last two calendar years (or since the tribe has been exercising4.

SDVCJ if the tribe’s implementation date is less than two years ago). If the data is not available, state why it is not available. Provide the:

Total SDVCJ domestic/dating violence cases referred to the tribal prosecutor’s office.

Total SDVCJ criminal violation of a protection order cases referred to the tribal prosecutor’s office.

Total SDVCJ domestic/dating violence cases accepted for prosecution.

Total SDVCJ criminal violation of a protection order cases accepted for prosecution.

Total SDVCJ convictions by plea.

Total SDVCJ convictions at trial (both bench trials and jury trials).

Total SDVCJ jury trials and the verdicts (e.g., four jury trials – two acquittals, two convictions).

Note: This data is only requested to get a sense of the tribe’s current or recent SDVCJ caseload. This section will be scored based only on the completeness of the response. Tribes with lower numbers of SDVCJ cases will not be eliminated or penalized and tribes with higher numbers will not receive preference based solely on this data.

What Will Be Done (35 points)

The application must provide a clear link between the proposed activities and the need identified in the “Purpose of the Proposal” 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:

Clearly state the measurable goal(s), objectives, and activities that will enable the tribe1.

to continue exercising SDVCJ consistent with requirements of the Indian Civil Rights Act, as amended, 25 U.S.C. §§ 1301 – 1304. Directly link each goal, objective, and activity to one or more of the needs identified in the previous section. Note:

Participation in OVW TTA and the ITWG must be included as an activity. Further, if the needs identified in the previous section include measures to ensure accessibility, a goal with related objectives/activities must be included to address those needs.

Describe how progress toward achieving the project’s goal(s) will be measured. Identify2.

targeted outcome(s), 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 www.vawamei.org).

Describe the plan to address victim safety concerns (e.g., confidentiality, safety3.

planning, informed consent) that may arise from the use of technology. If the proposal does not include using grant funds to support technology, the applicant should specifically state such.

Who Will Implement the Proposal (10 points)

This section must:

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

proposed project. Include name, job title, and role within the proposed project.

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

address the stated need(s) and can successfully implement the proposed project activities; attach job descriptions of all key personnel.

http://www.vawamei.org

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.

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 Applicants may submit budgets up to $200,000 for a project period of 24 months. Awards may be made for a greater amount with sufficient justification, including the need to ensure accessibility for individuals with disabilities, individuals who are Deaf or hard of hearing, and persons with limited English proficiency.

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.

Include funds to attend OVW-sponsored TTA in the amount of $10,000. This amount is2.

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.

Include funds or describe other resources available to the applicant to ensure access for3.

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 to4.

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 Programmatic Grant Award Modification.

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

O-OVW-2021-51004

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

OVW conference cost planning.

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.

Data Requested with Application

The Data Requested with Application should be uploaded as an attachment in JustGrants. The following responses must be included:

Name, title, address, telephone number, and email address for the grant point-of-1.

contact. This person must be an employee of the applicant.

Statement as to whether the applicant (the organization whose DUNS number is2.

being used for the application) will serve as a fiscal agent. A fiscal agent is an entity that does not participate in implementation of the project and passes all

O-OVW-2021-51004

https://www.justice.gov/ovw/conference-planning https://www.justice.gov/ovw/conference-planning https://www.justice.gov/ovw/file/1030311/download mailto:OVW.GFMD@usdoj.gov mailto:OVW.GFMD@usdoj.gov mailto:OVW.GFMD@usdoj.gov funds through to subrecipients, conducting minimal administrative activities. A fiscal agent applicant must list these subrecipients and include a statement acknowledging that, should an award be made, the applicant will be responsible for all applicable statutory, fiscal, and programmatic requirements, including those of 2 C.F.R. Part 200, as well as all project deliverables. In such situations, the fiscal agent must be an eligible applicant for the program.

Statement as to whether the applicant has expended $750,000 in federal funds in3.

the applicant’s past fiscal year. If so, specify the end date of the applicant’s fiscal year.

Statement as to whether the applicant is a recipient, or partner/subrecipient, on a4.

current grant or pending application for this grant program. If a current grant, provide the year of the award and the role of the applicant on the award (recipient or project partner).

Statement as to whether any proposed project partner/subrecipient is a recipient,5.

or partner/subrecipient, on a current grant or pending application for this grant program. If a current grant, provide the year of the award and the role of the partner(s) on the award (recipient or project partner/subrecipient).

Exercising SDVCJ Certification

The signed certification letter described in the Eligibility Information section of this solicitation should be uploaded as an attachment in JustGrants.

Additional Application Components The following components will not be scored, and three of them - the Letter of Nonsupplanting and the Confidentiality Notice Form - may be submitted after an award is made. Failure to supply the other required disclosures and assurances may result in the application being removed from consideration. Some components will be generated during the application submission process while others will be uploaded and attached to the application in JustGrants.

Letters of Nonsupplanting Applicants may submit this letter with their application, but they are not required to submit it until after an award is made. The letter is to OVW’s Director, signed by the Authorized Representative, certifying that federal funds will not be used to supplant non-federal funds should a grant award be made. A sample letter is available on the OVW website.

Confidentiality Notice Form All recipients are required to acknowledge that they have received notice that grantees and subgrantees must comply with the confidentiality and privacy requirements of VAWA, as amended. Applicants are not required to submit this form until after an award is made, but they may upload and attach, under Additional Attachments in JustGrants, the completed acknowledgement form available on the OVW website. This form must be signed by the Authorized Representative.

Disclosures and…