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HomeMy WebLinkAboutFY2020 Solicitation JAG Local OMB No. 1121-0329 Approval Expires 11/30/2020 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) Program Fiscal Year 2020 Local Formula Solicitation CFDA #16.738 Solicitation Release Date: July 9, 2020 Application Deadline: 11:59 p.m. eastern time on August 19, 2020 The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is seeking applications for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the Department’s mission by assisting state, local, and tribal law enforcement efforts to prevent or reduce crime and violence. This solicitation incorporates the OJP Grant Application Resource Guide by reference. The OJP Grant Application Resource Guide provides guidance to applicants on how to prepare and submit applications for funding to OJP. If this solicitation expressly modifies any provision in the OJP Grant Application Resource Guide, the applicant is to follow the guidelines in this solicitation as to that provision. This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the “Limitation on Use of Award Funds for Employee Compensation; Waiver” provision in the “Financial Information” section of the OJP Grant Application Resource Guide. Eligibility The following entities are eligible to apply: • Units of local government By law, for purposes of the JAG Program, the term “units of local government” includes a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may be a federally recognized Indian tribal government that performs law enforcement functions (as determined by the Secretary of the Interior). A unit of local government also may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes; for example, in Louisiana, a unit of local government means a district attorney or parish sheriff. Eligible allocations under JAG are posted annually on the JAG web page. See the allocation determination and Units of Local Government requirements section for more information. Applicants with eligible allocation amounts of less than $25,000 will apply to Category 1, and applicants with eligible allocation amounts of $25,000 or more will apply to Category 2. All recipients and subrecipients (including any for-profit organization) must forgo any profit or management fee. Contact Information For technical assistance with submitting an application, contact the Grants Management System (GMS) Support Hotline at 888–549–9901, option 3, or via email at GMS.HelpDesk@usdoj.gov. The GMS Support Hotline operates 24 hours a day, 7 days a week, including on federal holidays. An applicant that experiences unforeseen GMS technical issues beyond its control that prevent it from submitting its application by the deadline must email the National Criminal Justice Reference Service (NCJRS) Response Center at grants@ncjrs.gov within 24 hours after the application deadline in order to request approval to submit its application after the deadline. For information on reporting technical issues, see “Experiencing Unforeseen GMS Technical Issues” under How to Apply (GMS) in the OJP Grant Application Resource Guide. For assistance with any other requirement of this solicitation, applicants may contact the NCJRS Response Center by telephone at 1–800–851–3420; via TTY at 301–240–6310 (hearing impaired only); by email at grants@ncjrs.gov; by fax to 301–240–5830, or by web chat at https://webcontact.ncjrs.gov/ncjchat/chat.jsp. The NCJRS Response Center hours of operation are 10:00 a.m. to 6:00 p.m. eastern time, Monday through Friday, and 10:00 a.m. to 8:00 p.m. eastern time on the solicitation close date. Applicants also may contact the appropriate BJA State Policy Advisor. Deadline details Applicants must register in the OJP Grants Management System (GMS) at https://grants.ojp.usdoj.gov/ prior to submitting an application under this solicitation. All applicants must register, even those that previously registered in GMS. Select the “Apply Online” button associated with the solicitation title. All registrations and applications are due by 11:59 p.m. eastern time August 19, 2020. For additional information, see the “How to Apply (GMS)” section in the OJP Grant Application Resource Guide. BJA-2020-17276 2 Contents Eligibility............................................................................................................................1 Contact Information ..........................................................................................................2 A. Program Description ....................................................................................................4 Overview .......................................................................................................................4 Program-specific Information.........................................................................................4 Objectives......................................................................................................................8 Evidence-based Programs or Practices ........................................................................8 Information Regarding Potential Evaluation of Programs and Activities ........................8 B. Federal Award Information ...........................................................................................8 Type of Award ...............................................................................................................9 Financial Management and System of Internal Controls ...............................................9 Budget Information ........................................................................................................9 Cost Sharing or Match Requirement .............................................................................9 Pre-agreement Costs (also known as Pre-award Costs)...............................................9 Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs ..........9 Costs Associated with Language Assistance (if applicable)..........................................9 C. Eligibility Information ....................................................................................................9 D. Application and Submission Information ....................................................................10 What an Application Should Include ............................................................................10 How to Apply ...............................................................................................................13 E. Application Review Information ..................................................................................13 Review Process ...........................................................................................................13 F. Federal Award Administration Information .................................................................13 Federal Award Notices ................................................................................................13 Administrative, National Policy, and Other Legal Requirements .................................13 Information Technology (IT) Security Clauses.............................................................14 General Information about Post-Federal Award Reporting Requirements...................14 G. Federal Awarding Agency Contact(s).........................................................................15 H. Other Information .......................................................................................................15 Freedom of Information and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a) ...............15 Application Checklist ...................................................................................................16 BJA-2020-17276 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2020 Local Solicitation CFDA #16.738 A. Program Description Overview The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to states and units of local government. BJA will award JAG Program funds to eligible units of local government as described in this FY 2020 JAG Program Local Solicitation (BJA will issue a separate solicitation for states). Statutory Authority: The JAG Program is authorized by Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 -10158); see also 28 U.S.C. 530C(a). Program-specific Information Permissible uses of JAG Funds In general, JAG funds awarded to a unit of local government under this FY 2020 solicitation may be used to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, including any one or more of the following: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs • Drug treatment and enforcement programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation) • Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams Additionally, JAG funds awarded to a unit of local government under this FY 2020 solicitation may be used to enforce state and local laws that establish offenses similar to offenses established in 21 U.S.C. § 801 et seq. and/or to improve the functioning of the criminal justice system, with emphasis on violent crime and serious offenders, by providing additional personnel, equipment, training, technical assistance, and information systems for the more widespread apprehension, prosecution, adjudication, detention, and rehabilitation of persons who violate these laws and to assist the victims of such crimes (other than compensation). Additional details can be found on the JAG Resource Page. BJA-2020-17276 4 Note that the statute defines “criminal justice” as “activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency.” BJA Areas of Emphasis BJA recognizes that many state and local criminal justice systems currently face challenging fiscal environments and that an important, cost-effective way to relieve those pressures is to share or leverage resources through cooperation among federal, state, and local law enforcement. BJA intends to focus much of its work on addressing violent crime, enforcing firearms laws, officer safety and wellness, safe policing for safe communities, and fentanyl detection. BJA encourages each recipient of a FY 2020 JAG award to join federal law enforcement agencies across the board in addressing these challenges. Additional details on the BJA areas of emphasis can be found on the JAG Resource Page. Limitations on the Use of JAG Funds Prohibited uses of funds – JAG funds may not be used (whether directly or indirectly) for any purpose prohibited by federal statute or regulation, including those purposes specifically prohibited by the JAG Program statute as set out in 34 U.S.C. § 10152. JAG funds may not be used (directly or indirectly) for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety. Additionally, JAG funds may not be used (directly or indirectly) to pay for any of the following items unless the BJA Director certifies that extraordinary and exigent circumstances exist making them essential to the maintenance of public safety and good order: • Vehicles, vessels, or aircraft* • Luxury items • Real estate • Construction projects (other than penal or correctional institutions) • Any similar matters *Police cruisers, police boats, and police helicopters are allowable vehicles under JAG and do not require BJA certification. For a list of prohibited expenditures under JAG and information about requesting BJA certification for a prohibited item (including unmanned aircraft, unmanned aerial vehicles, and/or unmanned aerial systems purchases) or for examples of allowable vehicles that do not require BJA certification, refer to the JAG Prohibited Guidance section of the JAG Resource Page or the JAG FAQs. Cap on use of JAG award funds for administrative costs – Up to 10 percent of a JAG award, including up to 10 percent of any earned interest, may be used for costs associated with administering the award, which can include indirect costs. BJA-2020-17276 5 Prohibition of supplanting; prohibition on use of JAG funds as match – JAG funds may not be used to supplant state or local funds but must be used to increase the amounts of such funds that would, in the absence of federal funds, be made available. See the JAG FAQs for examples of supplanting. Although supplanting is prohibited, the leveraging of federal funding is encouraged. Absent specific federal statutory authority to do so, JAG award funds may not be used as a match for other federal awards. Other restrictions on use of JAG funds that require compliance, certification, and/or prior approval – If a unit of local government chooses to use its FY 2020 JAG funds for particular, defined types of expenditures, it must satisfy certain preconditions. Examples of items that require compliance, certification, and/or prior approval by BJA before purchase include: body-worn cameras, body armor, interoperable communications, DNA testing of evidentiary materials, uploading DNA profiles to a database, and entry of records into state repositories. Additional information, including the process to obtain prior approval and as well as a body armor and/or body-worn camera certification form, can be found on the JAG Resource Page. Allocation determination and Units of Local Government requirements regarding use of JAG funds Eligible allocations under JAG are posted annually on the JAG web page. Award allocations are determined by a four-step statutory formula. Additional information can be found on the JAG Resource Page or the JAG Technical Report. According to the JAG program statute, a “disparity” may exist between the funding eligibility of a county and its associated municipalities. See 34 U.S.C. § 10156(d)(4). Units of local government identified by BJA as disparate must select a fiscal agent that will submit a joint application for the allocation to include all disparate municipalities. A memorandum of understanding (MOU) that identifies which jurisdiction will serve as the applicant or fiscal agent for joint funds must be completed and signed by the authorized representative for each participating jurisdiction. Once an award is made, the fiscal agent will be responsible for distributing award funds to the other jurisdictions in the disparate group through subawards that include all appropriate award conditions. To verify eligibility on the JAG web page, an applicant should click on its respective state and note the following regarding the state’s allocation table: (1) Disparate units of local government are listed in shaded groups, in alphabetic order by county. Units of local government identified as disparate must select one unit of local government to submit an application on behalf of the disparate group. (2) Counties that have an asterisk (*) under the “Direct Allocation" column did not submit the level of violent crime data to qualify for a direct award from BJA, but are in the disparate grouping indicated by the shaded area. The JAG legislation requires these counties to remain a partner with the local jurisdictions receiving funds and must be a signatory on the required MOU; and (3) Direct allocations are listed alphabetically below the shaded, disparate groupings. Please note that disparate jurisdictions do not need to abide by the listed individual allocations, which are provided for information only. Jurisdictions in a funding disparity are BJA-2020-17276 6 responsible for determining individual amounts within the Eligible Joint Allocation and for documenting individual allocations in the MOU. A unit of local government that applies for and receives a FY 2020 JAG award must note the following: • Trust Fund – Units of local government may draw down JAG funds either in advance or on a reimbursement basis. To draw down in advance, a trust fund must be established in which to deposit the funds. The trust fund must be in an interest-bearing account, unless one of the exceptions in 2 C.F.R. § 200.305(b)(8) apply. If subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit the funds. For additional information, see 2 C.F.R. § 200.305. • Certifications and Assurances by the Chief Executive of the Applicant Government (which incorporates the 30-day governing body review requirement) – A JAG application is not complete, and a unit of local government may not access award funds, unless the chief executive of the applicant unit of local government (e.g., the mayor) properly executes, and the submits, the “Certifications and Assurances by the Chief Executive of the Applicant Government.” The most up-to-date version of this certification can be found at https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/fy-20-local-jag-ce- certification.pdf. Please note that this certification takes the place of the review narrative attachment and contains assurances that the governing body notification and public comment requirements, which are required under the JAG statute (at 34 U.S.C. § 10153(a)(2)), have been satisfied. OJP will not deny an application for a FY 2020 award for failure to submit these “Certifications and Assurances by the Chief Executive of the Applicant Government” by the application deadline, but a unit of local government will not be able to access award funds (and its award will include a condition that withholds funds) until it submits these certifications and assurances, properly executed by the chief executive of the unit of local government (e.g., the mayor). • National Incident-Based Reporting System (NIBRS) 3 Percent Set-aside – In preparation for the FBI’s 2021 NIBRS compliance deadline, BJA requires, through the application of a special condition, JAG award recipients not certified by the FBI as NIBRS compliant to dedicate 3 percent of their JAG award toward achieving full compliance with the FBI’s NIBRS data submission requirements under the Uniform Crime Reporting Program. Additional information can be found on the JAG Resource Page. Required compliance with applicable federal laws All applicants should understand that OJP awards, including certifications provided in connection with such awards, are subject to review by DOJ, including by OJP and by the DOJ Office of the Inspector General. Applicants also should understand that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in a certification submitted to OJP in support of an application may be the subject of criminal prosecution, and also may result in civil penalties and administrative remedies for false claims or otherwise. Administrative remedies that may be available to OJP with respect to a FY 2020 BJA-2020-17276 7 award include suspension or termination of the award, placement on the DOJ high-risk grantee list, disallowance of costs, and suspension or debarment of the recipient. Objectives In general, the FY 2020 JAG Program is designed to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice. Although the JAG Program provides assistance directly to states, through pass-through (and similar) requirements, the JAG Program also is designed to assist units of local government with respect to their criminal justice needs. As discussed in more detail in the General Information about Post-federal Award Reporting Requirements discussion, a unit of local government that receives a FY 2020 JAG award will be required to produce various types of reports and to submit data related to performance measurement and accountability. The objectives are directly related to the JAG Program performance measures described at https://bjapmt.ojp.gov/help/jagdocs.html and demonstrate the results of the work completed, as discussed under What an Application Should Include. Evidence-based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making and program development for criminal justice, juvenile justice, and crime victim services. For additional information and resources on evidence-based programs or practices, see the OJP Grant Application Resource Guide. A useful matrix of evidence-based policing programs and strategies is available through the BJA-supported Matrix Demonstration Project. It offers a number of program models designed to effectively implement promising and evidence-based strategies through the BJA Innovation Suite of programs, including Innovations in Policing, Prosecution, Supervision, Reentry, and others (see https://www.bja.gov/Programs/CRPPE/innovationssuite.html). BJA encourages units of local government to use JAG funds to develop and implement these crime innovation strategies, including effective partnerships with universities and research partners and with nontraditional criminal justice partners. Information Regarding Potential Evaluation of Programs and Activities Applicants should note OJP may conduct or support an evaluation of the programs and activities funded under the JAG Program. For additional information, see the OJP Grant Application Resource Guide section, entitled, “Information Regarding Potential Evaluation of Programs and Activities.” B. Federal Award Information Maximum number of awards BJA expects to make Period of performance start date Period of performance duration 1,058 October 1, 2019 2 or 4 years Category 1 – Eligible Allocation Amounts of Less than $25,000 (Competition ID BJA-2020- 18275) – Units of local government that are listed on the JAG web page as eligible for an allocation amount of less than $25,000 should apply under Category 1. This includes direct and joint BJA-2020-17276 8 (disparate) allocations. Category 1 awards of less than $25,000 are 2 years in length, and performance periods will be from October 1, 2019 through September 30, 2021. Extensions of up to two years can be requested for these awards via GMS no fewer than 30 days prior to the grant end date, and will be automatically granted upon request. Category 2 – Eligible Allocation Amounts $25,000 or More (Competition ID BJA-2020-18276) – Units of local government that are listed on the JAG web page as eligible for an allocation amount of $25,000 or more should apply under Category 2. This includes direct and joint (disparate) allocations. Category 2 awards of at least $25,000 are 4 years in length, and performance periods will be from October 1, 2019 through September 30, 2023. Extensions beyond this period may be made on a case-by-case basis at the discretion of BJA and must be requested via GMS no fewer than 30 days prior to the grant end date. All awards are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by statute. Type of Award BJA expects to make awards under this solicitation as grants. See the “Administrative, National Policy, and Other Legal Requirements” section of the OJP Grant Application Resource Guide for additional information. Financial Management and System of Internal Controls Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities) must, as described in the Part 200 Uniform Requirements 1 as set out at 2 C.F.R. 200.303, comply with standards for financial and program management. See OJP Grant Application Resource Guide for additional information. Budget Information Cost Sharing or Match Requirement The JAG Program does not require a match. Please see the OJP Grant Application Resource Guide for information on the following: Pre-agreement Costs (also known as Pre-award Costs) Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs Costs Associated with Language Assistance (if applicable) C. Eligibility Information For information on eligibility, see the title page. For information on cost sharing or match requirements, see Section B. Federal Award Information. 1 The "Part 200 Uniform Requirements” means the DOJ regulation at 2 C.F.R Part 2800, which adopts (with certain modifications) the provisions of 2 C.F.R. Part 200. BJA-2020-17276 9 D. Application and Submission Information What an Application Should Include See the “Application Elements and Formatting Instructions” section of the OJP Grant Application Resource Guide for information on what happens to an application that does not contain all the specified elements. (This solicitation expressly modifies the “Application Elements and Formatting Instructions” section of the OJP Grant Application Resource Guide by not incorporating paragraph two of that section (referring to nonresponsive applications or applications missing critical elements not “[proceeding] to peer review”).) 1. Application for Federal Assistance (Standard Form (SF)-424) The SF-424 is a required standard form used as a cover sheet for submission of pre- applications, applications, and related information. See the OJP Grant Application Resource Guide for additional information on completing the SF-424. Intergovernmental Review: This solicitation ("funding opportunity") is subject to Executive Order 12372. An applicant may find the names and addresses of State Single Points of Contact (SPOCs) at the following website: https://www.whitehouse.gov/wp-content/uploads/2020/01/spoc_1_16_2020.pdf. If the applicant’s state appears on the SPOC list, the applicant must contact the State SPOC to find out about, and comply with, the state’s process under E.O. 12372. In completing the SF-424, an applicant whose state appears on the SPOC list is to make the appropriate selection in response to question 19, once the applicant has complied with its State E.O. 12372 process. (An applicant whose state does not appear on the SPOC list should answer question 19 by selecting the response that the: “Program is subject to E.O. 12372, but has not been selected by the State for review.”). 2. Project Identifiers Applications should identify at least three project identifiers that would be associated with the proposed project activities. The list of identifiers can be found at www.bja.gov/funding/JAGIdentifiers.pdf. 3. Program Narrative Category 1 – Eligible Allocation Amounts of Less than $25,000 The program narrative for Category 1 applications should include a description of the project(s), including subawards, if applicable, to be funded with JAG funds over the 2 year grant period. Category 2 – Eligible Allocation Amounts of $25,000 or More The program narrative for Category 2 applications should include: (a) Description of the Issue – Identify the unit of local government’s strategy/funding priorities for the FY 2020 JAG funds, the subgrant award process (if applicable, including disparates) and timeline, any progress or challenges, and a description of the programs to be funded over the 2 to 4 year grant period. (b) Project Design and Implementation – Describe the unit of local government’s strategic planning process, if any, that guides its priorities and funding strategy. This should include a description of how the local community is engaged in the planning process and the data and analysis utilized to support the plan. It should identify the stakeholders BJA-2020-17276 10 currently participating in the strategic planning process, the gaps in the needed resources for criminal justice purposes, and how JAG funds will be coordinated with state and related justice funds. (c) Capabilities and Competencies – Describe any additional strategic planning/coordination efforts in which the units of local government participate with other criminal justice juvenile justice agencies in the state. (d) Plan for Collecting the Data Required for this Solicitation’s Performance Measures – OJP will require each successful applicant to submit specific performance data that demonstrate the results of the work carried out under the award. The performance data directly relate to the objectives identified under " Objectives" in Section A. Program Description. Applicants should visit OJP’s performance measurement page at www.ojp.gov/performance for an overview of performance measurement activities at OJP. The application should demonstrate the applicant’s understanding of the performance data reporting requirements for this grant program and detail how the applicant will gather the required data should it receive funding. Please note that applicants are not required to submit performance data with the application. Rather, performance measures information is included as an alert that successful applicants will be required to submit performance data as part of the reporting requirements under an award. Post award, recipients will be required to submit quarterly performance measures through BJA’s PMT, located at https://bjapmt.ojp.gov. The application should describe the applicant's plan for collection of all of the performance measurement data listed in the JAG performance measures at https://bjapmt.ojp.gov/help/jagdocs.html. Note on Project Evaluations An applicant that proposes to use award funds through this solicitation to conduct project evaluations should follow the guidance under Note on Project Evaluations in the OJP Grant Application Resource Guide. Please see the OJP Grant Application Resource Guide for information on the following: 4. Budget Information and Associated Documentation Please note that the budget narrative should include a full description of all costs, including funds set aside for the NIBRS project(s) and administrative costs (if applicable). General requirement for federal authorization of any subaward; statutory authorization of subawards under the JAG Program statute. Generally, a recipient of an OJP award may not make subawards (“subgrants”) unless the recipient has specific federal authorization to do so. Unless an applicable statute or DOJ regulation specifically authorizes (or requires) particular subawards, a recipient must have authorization from OJP before it may make a subaward. BJA-2020-17276 11 However, JAG subawards that are required or specifically authorized by statute (see 34 U.S.C. § 10152(a) and 34 U.S.C. § 10156) do not require prior approval. This includes subawards made by states and unites of local government under the JAG Program. For additional information regarding subawards and authorizations, please refer to the subaward section in the OJP Grant Application Resource Guide. 5. Indirect Cost Rate Agreement (if applicable) This rule does not eliminate or alter the JAG-specific restriction in federal law that states charges for administrative costs may not exceed 10 percent of the award amount, regardless of the approved indirect cost rate. 6. Financial Management and System of Internal Controls Questionnaire (including applicant disclosure of high risk status) 7. Disclosure of Lobbying Activities 8. Applicant Disclosure of Pending Applications 9. Applicant Disclosure and Justification – DOJ High Risk Grantees 2 (if applicable) 10. Research and Evaluation Independence and Integrity 11. Certifications and Assurances by the Chief Executive of the Applicant Government A JAG application is not complete, and a unit of local government may not access award funds, unless the chief executive of the applicant unit of local government (e.g., the mayor) properly executes, and then submits, the “Certifications and Assurances by the Chief Executive of the Applicant Government.” The most up-to-date version of this certification can be found at https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/fy-20-local-jag-ce- certification.pdf. 12. Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE) Each applicant must provide responses to the following questions as an attachment to the application: (1) Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with DHS or ICE? (2) Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law that binds a city) that meet the description in question 1? (3) If yes to either: • Please provide a copy of each law or policy. • Please describe each practice. • Please explain how the law, policy, or practice complies with 8 U.S.C. § 1373. Note: Responses to these questions must be provided by the applicant as part of the application. Further, the requirement to provide this information applies to all tiers of funding 2 A “DOJ High Risk Grantee” is a recipient that has received a DOJ High Risk designation based on a documented history of unsatisfactory performance, financial instability, management system or other internal control deficiencies, or noncompliance with award terms and conditions on prior awards, or that is otherwise not responsible. BJA-2020-17276 12 and for all subawards made to state or local government entities, including public institutions of higher education. All subrecipient responses must be collected and maintained by the direct recipient of funding and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. OJP will not deny an application for a FY 2020 award for failure to submit these required responses by the application deadline, but a recipient will not receive award funds (and its award will include a condition that withholds funds) until it submits these responses. How to Apply An applicant must submit its application through the Grants Management System (GMS), which provides support for the application, award, and management of awards at OJP. Find information, registration and submission steps on how to apply in GMS in response to this solicitation in the OJP Grant Application Resource Guide. E. Application Review Information Review Process BJA reviews the application to make sure that the information presented is reasonable, understandable, measurable, achievable, and consistent with the solicitation. See the OJP Grant Application Resource Guide for information on the application. Pursuant to the Part 200 Uniform Requirements, before award decisions are made, OJP also reviews information related to the degree of risk posed by the applicant. Among other things to help assess whether an applicant that has one or more prior federal awards has a satisfactory record with respect to performance, integrity, and business ethics, OJP checks whether the applicant is listed in SAM as excluded from receiving a federal award. In addition, if OJP anticipates that an award will exceed $250,000 in federal funds, OJP also must review and consider any information about the applicant that appears in the nonpublic segment of the integrity and performance system accessible through SAM (currently, the Federal Awardee Performance and Integrity Information System, FAPIIS). Important note on FAPIIS: An applicant, at its option, may review and comment on any information about itself that currently appears in FAPIIS and was entered by a federal awarding agency. OJP will consider any such comments by the applicant, in addition to the other information in FAPIIS, in its assessment of the risk posed by the applicant. Absent explicit statutory authorization or written delegation of authority to the contrary, the Assistant Attorney General will make all final award decisions. F. Federal Award Administration Information Please see the OJP Grant Application Resource Guide for information on the following: Federal Award Notices Administrative, National Policy, and Other Legal Requirements BJA-2020-17276 13 OJP strongly encourages prospective applicants to review information on post-award legal requirements and common OJP award conditions prior to submitting an application. For additional information on these legal requirements, see the “Administrative, National Policy, and Other Legal Requirements” section in OJP Grant Application Resource Guide. Information Technology (IT) Security Clauses General Information about Post-Federal Award Reporting Requirements In addition to addressing the objectives described in Section A. Program Description, any recipient of an award under this solicitation will be required to submit the following reports and data: Category 1 – Eligible Allocation Amounts of Less than $25,000 Recipients must submit: • Quarterly financial status reports (and one final financial report after all funds have been obligated and expended) through OJP’s Grants Management System (GMS) • Quarterly performance measures report and final performance measures report through BJA’s Performance Measurement Tool (PMT). Please note that as soon as all project activity has concluded, that report may be marked final • An annual progress report and final progress report through OJP’s GMS. If all project activity has concluded at the time the first annual progress report is submitted, that report may be marked final • If applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions should also be submitted Category 2 – Eligible Allocation Amounts of $25,000 or More Recipients must submit: • Quarterly financial status reports (and one final financial report after all funds have been obligated and expended) through OJP’s Grants Management System (GMS) • Quarterly performance measures reports and a final performance measures report (at any time once all project activity has concluded) through BJA’s Performance Measurement Tool (PMT) • Semi-annual progress reports and a final progress report (at any time once all project activity has concluded) through OJP’s GMS • If applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions Future awards and/or fund draw-downs may be withheld if a recipient of an OJP award fails to report the required reports in a timely manner. See the OJP Grant Application Resource Guide for additional information on specific post- award reporting requirements, including performance measurement data. BJA-2020-17276 14 Performance measurement data must be submitted through BJA’s Performance Measurement Tool (PMT). The performance measures are available at: https://bjapmt.ojp.gov/help/jagdocs.html. (Note that if a unit of local government provides funding to a law enforcement agency, the unit of local government must submit quarterly performance measurement data on training that officers have received on use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.) G. Federal Awarding Agency Contact(s) For OJP contact(s), see page 2 of this solicitation. For contact information for GMS, see page 2. H. Other Information Please see the OJP Grant Application Resource Guide for information on the following: Freedom of Information and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a) Provide Feedback to OJP Certain Relevant Federal Laws, as in Effect on February 26, 2020 See the JAG Resource Page for more information. BJA-2020-17276 15 Application Checklist Edward Byrne Memorial Justice Assistance Grant (JAG) Program: FY 2020 Local Solicitation This application checklist has been created as an aid in developing an application. What an Applicant Should Do: Prior to Registering in GMS: Acquire a DUNS Number (see OJP Grant Application Resource Guide) Acquire or renew registration with SAM (see OJP Grant Application Resource Guide) To Register with GMS: For new users, acquire a GMS username and password* (see OJP Grant Application Resource Guide) For existing users, check GMS username and password* to ensure account access (see OJP Grant Application Resource Guide) Verify SAM registration in GMS (see OJP Grant Application Resource Guide) Search for and select correct funding opportunity in GMS (see OJP Grant Application Resource Guide) Register by selecting the “Apply Online” button associated with the funding opportunity title (see OJP Grant Application Resource Guide) Read OJP policy and guidance on conference approval, planning, and reporting available at ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.10a.htm (see OJP Grant Application Resource Guide) If experiencing technical difficulties in GMS, contact contact the NCJRS Response Center (see page 2) *Password Reset Notice – GMS users are reminded that while password reset capabilities exist, this function is only associated with points of contact designated within GMS at the time the account was established. Neither OJP nor the GMS Help Desk will initiate a password reset unless requested by the authorized official or a designated point of contact associated with an award or application. Overview of Post-Award Legal Requirements: Review the “the “Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements -FY 2020 Awards” in the OJP Funding Resource Center. Scope Requirement: The federal amount requested is within the allowable limit(s) of the FY 2020 JAG Allocations List as listed on BJA’s JAG web page. BJA-2020-17276 16 Eligibility Requirement: Only units of local government may apply under this solicitation. By law, for purposes of the JAG Program, the term “units of local government” includes a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may be a federally recognized Indian tribal government that performs law enforcement functions (as determined by the Secretary of the Interior). A unit of local government also may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes; for example, in Louisiana, a unit of local government means a district attorney or parish sheriff. What an Application Should Include: Application for Federal Assistance (SF-424) (see OJP Grant Application Resource Guide) Intergovernmental Review (see page 10) Program Narrative (see page 10) Budget Detail Worksheet (including Budget Narrative (see page 11) Indirect Cost Rate Agreement (if applicable) (see OJP Grant Application Resource Guide) Financial Management and System of Internal Controls Questionnaire (see OJP Grant Application Resource Guide) Disclosure of Lobbying Activities (SF-LLL) (see OJP Grant Application Resource Guide) Applicant Disclosure of Pending Applications (see OJP Grant Application Resource Guide) Applicant Disclosure and Justification – DOJ High Risk Grantees (see OJP Grant Application Resource Guide) (if applicable) Research and Evaluation Independence and Integrity (if applicable) (see OJP Grant Application Resource Guide) Certifications and Assurances by Chief Executive (see page 12) Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE) (see page 12) BJA-2020-17276 17