U.S. Department of Justice OMB No. 1121-0329 

Office of Justice Programs 

National Institute of Justice 

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), National Institute of 

Justice (NIJ) is pleased to announce that it is seeking applications for funding under the 

Postconviction DNA Testing Assistance Program. This program furthers the Department’s 

mission by offering assistance to States to help defray the costs associated with postconviction 

DNA testing of forcible rape, murder, and nonnegligent manslaughter cases where actual 

innocence might be demonstrated. 

Solicitation: 

Postconviction DNA Testing Assistance 

Program
 

Eligibility

(See “Eligibility,” page 3.) 

Deadline 

Registration with OJP’s Grant Management System (GMS) is required prior to application 

submission. (See “How to Apply,” page 7.) 

All applications are due by 11:45 p.m. eastern time on April 22, 2010. 

(See “Deadlines: Registration and Application,” page 3.) 

Contact Information 

For technical assistance with submitting the application, contact the Grants Management 

System Support Hotline at 1–888–549–9901, option 3 or via e-mail to 

GMS.HelpDesk@usdoj.gov. 

Note: The GMS Support Hotline hours of operation are Monday–Friday from 6:00 a.m. to 

midnight eastern time, except for Federal holidays. 

For assistance with any other requirement of this solicitation, contact Gerald LaPorte, Forensic 

Policy Program Manager, at 202–305–1106 or by e-mail to gerald.laporte@usdoj.gov. 

SL# 000922 
CONTENTS 

Overview ........................................................................................................................... 3
 

Deadlines: Registration and Application ........................................................................... 3 

Eligibility ............................................................................................................................ 3 

Specific Information .......................................................................................................... 4 

Performance Measures ..................................................................................................... 7 

How to Apply..................................................................................................................... 7 

What an Application Must Include..................................................................................... 9 

Standard Form 424 ............................................................................................... 9 

Program Narrative ................................................................................................. 9 

Budget Detail Worksheet and Budget Narrative ................................................. 10 

Indirect Cost Rate Agreement (if applicable) ...................................................... 10 

Plan for Collecting the Data Required for Performance Measures ..................... 11 

Program-Specific Attachment ............................................................................. 11 

Other Standard Forms ........................................................................................ 11 

Selection Criteria............................................................................................................. 11 

Review Process .............................................................................................................. 12 

Additional Requirements................................................................................................. 13 

Application Checklist....................................................................................................... 15 

Appendix I: Certification Template .................................................................................. 16 

Appendix II: Selected Statutes........................................................................................ 18 

OMB No. 1121-0329 

Approval Expires 02/28/2013
 2 
 

Postconviction DNA Testing Assistance Program 

CFDA No. 16.741 

Overview 

The National Institute of Justice (NIJ) is the research, development and evaluation agency of 

the U.S. Department of Justice (DOJ) and a component of the Office of Justice Programs (OJP).
 

NIJ provides objective, independent, evidence-based knowledge and tools to enhance the 

administration of justice and public safety. NIJ solicits proposals to inform its search for the 

knowledge and tools to guide policy and practice. 

NIJ is seeking applications from States wishing to receive funding to help defray the costs 

associated with postconviction DNA testing of forcible rape, murder, and non-negligent 

manslaughter cases in which actual innocence might be demonstrated. Funds may be used to 

review such postconviction cases and to locate and analyze biological evidence associated with 

these cases. 

Postconviction DNA testing has received considerable attention in recent years. Since the 

advent of forensic DNA analysis, a number of people convicted of crimes have been 

subsequently exonerated through DNA analysis of crime scene evidence that was not tested at 

the time of trial. Additionally, newer technologies have substantially increased the successful
 

DNA analysis of aged, degraded, limited, or otherwise compromised biological evidence. As a 

result, crime scene samples once thought to be unsuitable for testing in the past may now yield 

DNA profiles. Moreover, samples that previously generated inconclusive DNA results may now 

be amenable to reanalysis using newer methods. 

Authorizing Legislation: Department of Justice Appropriations Act, 2010 (Public Law 

111–117). 

Deadlines: Registration and Application

Registration is required prior to submission. The deadline to register in GMS is 11:45 p.m. 

eastern time on April 22, 2010, and the deadline for applying for funding under this 

announcement is 11:45 p.m. eastern time on April 22, 2010. Please see the “How to Apply” 

section, page 7, for more details.
 

Eligibility 

States1

 may apply for funding under this solicitation. To be eligible for an award, a State must 

submit an express certification from the chief legal officer of the State (typically the Attorney 

General) that the State— 

1. Provides postconviction DNA testing of specified biological evidence under a State 

statute, or under State rules, regulations, or practices, to persons convicted after trial 

and under a sentence of imprisonment or death for a State offense of forcible rape, 

1

 For purposes of this solicitation, the term “State” includes the District of Columbia, the Commonwealth of Puerto 

Rico, the U.S. Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. 

OMB No. 1121-0329 

Approval Expires 02/28/2013 3 
 

murder, or nonnegligent manslaughter, in a manner intended to ensure a reasonable 

process for resolving claims of actual innocence; and 

2. Preserves biological evidence secured in relation to the investigation or prosecution of a 

State offense of forcible rape, murder, or nonnegligent manslaughter under a State 

statute, local ordinances, or State or local rules, regulations, or practices, in a manner 

intended to ensure that reasonable measures are taken by all jurisdictions within the 

State to preserve such evidence. 

Any certification that is submitted must be personally executed by the chief legal officer of the 

State after a determination that the certification may properly be made. To establish eligibility, 

the certification must be received by NIJ no later than April 22, 2010, 11:45 p.m. eastern time 

for inclusion as part of the grant application. See also “What an Application Must Include,” 

below, and Appendix I, which includes a template for the certification. 

Note: States are encouraged to review the provisions of section 413 of the Justice for All Act of 

2004 (Public Law 108–405). Although not applicable to awards under this FY 2010 solicitation, 

these or related provisions may apply to future solicitations related to postconviction DNA 

testing assistance. (A copy of section 413 appears in Appendix II, along with copies of 18 

U.S.C. §§ 3600(a) and 3600A, which are referenced therein.) 

Applicant States must satisfy the eligibility requirements outlined above, the application 

requirements outlined in this announcement, the general requirements for NIJ and OJP grants, 

and all other applicable legal requirements. 

Specific Information—Postconviction DNA Testing 

Assistance Program 

A. Award Purpose 

Funds are to be used by States to help defray the costs of postconviction DNA testing. 

Specifically, funding may be used to review postconviction cases of forcible rape, murder, and 

nonnegligent manslaughter, and to locate and analyze biological evidence samples associated 

with these cases. 

For purposes of this announcement— 

•	 "Case review" means review of files or documentation of postconviction cases of forcible 

rape, murder, and non-negligent manslaughter by appropriate persons such as 

prosecutors, public defenders, law enforcement personnel, and medical examiners to 

determine whether biological evidence exists that might, through DNA analysis, 

demonstrate the actual innocence of the person previously convicted. 

•	 "Locate evidence" means seek to locate, following a case review, biological evidence 

that, through DNA analysis, might demonstrate actual innocence, through activities such 

as the searching of files, storage facilities, and evidence rooms. 

•	 "DNA analysis of biological evidence" includes the handling, screening, and DNA 

analysis of biological evidence located in connection with a case review. 

OMB No. 1121-0329 

Approval Expires 02/28/2013 4 
 

 

All DNA analyses conducted using funding from this program must be performed by a laboratory 

(government-owned or fee-for-service) that is accredited and currently undergoes external 

audits not less than once every 2 years that demonstrate compliance with the applicable DNA 

Quality Assurance Standards established by the Director of the FBI. 

Each DNA analysis conducted under this program must be maintained pursuant to any 

applicable Federal privacy requirements. 

B. Award Period 

In general, NIJ will limit its grants under this program to a maximum period of 18 months after 

the start of the award. 

C. Expected Results and Outcomes 

It is expected that States receiving Postconviction DNA Testing Assistance funds will— 

1. Review appropriate postconviction cases to identify those in which DNA testing could 

prove the actual innocence of a person convicted of forcible rape, murder, or non-negligent 

manslaughter. 

2. Locate biological evidence associated with such postconviction cases. 

3. Perform DNA analysis of appropriate biological evidence. 

Accordingly, awardees must submit data in their progress reports detailing the number and 

types of cases reviewed, the number of cases in which biological evidence still exists, the 

number of cases in which biological evidence was subjected to DNA analysis, and the number 

of cases that yielded a DNA profile(s). 

D. Permissible Uses of Funds 

The following types of expenditures may be permitted under this program: 

1. Supplies. Funds may be used to acquire laboratory supplies for DNA analysis of 

biological evidence. 

2. Overtime. Funds may be used for overtime for people directly engaged in case review, 

location of evidence, or DNA analysis of biological evidence. Any payments for overtime 

must be in accordance with the applicable provisions of the OJP Financial Guide, available 

at http://www.ojp.usdoj.gov/financialguide/. 

3. Consultant and Contractor Services. Funds may be used to hire consultants and/or 

temporary contract staff to conduct case reviews, locate evidence, or conduct DNA analysis 

of biological evidence. Funds may also be used for contracts with accredited fee-for-service 

vendors to conduct DNA analysis of biological evidence. 

4. Computer Equipment. Funds may be used to upgrade, replace, lease, or purchase 

computer hardware or software that will be used exclusively for case review, location of 

evidence, or DNA analysis of biological evidence. 

5. Salary and Benefits of Additional Employees. Funds may be used for salaries and 

benefits of additional full- or part-time employees to the extent such employees are directly 

OMB No. 1121-0329 

Approval Expires 02/28/2013 5 
engaged in case review, location of evidence, or DNA analysis of biological evidence. 

Applicants must provide documentation that any new full- or part-time employee(s) will be 

directly engaged in these activities. 

What will not be funded: 

1. Construction. 

2. Renovation. 

3. Laboratory Equipment. Funds may not be used to upgrade, replace, lease, or purchase 

laboratory equipment. 

4. Salaries and Benefits for Existing Staff. Funds may not be used to pay salaries and/or 

benefits for existing staff, other than overtime as discussed above. 

Amount and length of awards: Total funding for this solicitation and the number of awards 

made will depend on the availability of funds, the quality of the applications, and other pertinent 

factors. All awards are subject to the availability of appropriated funds and to any 

modifications or additional requirements that may be imposed by law. 

Applicants should be aware that the total period for an award, including one that receives a 

project period extension, ordinarily will not exceed 3 years. 

A grant made by NIJ under this solicitation may account for up to 100 percent of the total cost of 

the project. See "Cofunding" under "What an Application Must Include." 

Budget Information 

Limitation on Use of Award Funds for Employee Compensation; Waiver: With respect to 

any award of more than $250,000 made under this solicitation, Federal funds may not be used 

to pay total cash compensation (salary plus bonuses) to any employee of the award recipient at 

a rate that exceeds 110% of the maximum annual salary payable to a member of the Federal 

Government’s Senior Executive Service (SES) at an agency with a Certified SES Performance 

Appraisal System for that year. (The 2010 salary table for SES employees is available at 

http://www.opm.gov/oca/10tables/indexSES.asp.) Note: A recipient may compensate an 

employee at a higher rate, provided the amount in excess of this compensation limitation is paid 

with non-federal funds. (Any such additional compensation will not be considered matching 

funds where match requirements apply.) 

The limitation on compensation rates allowable under an award may be waived on an individual 

basis at the discretion of the Director of the National Institute of Justice. An applicant that 

wishes to request a waiver must include a detailed justification in the budget narrative of its 

application. Unless the applicant submits a waiver request and justification with the application, 

the applicant should anticipate that OJP will request that the applicant adjust and resubmit its 

budget. 

The justification should include: the particular qualifications and expertise of the individual, the 

uniqueness of the service being provided, the individual’s specific knowledge of the program or 

project being undertaken with award funds, and a statement explaining that the individual’s 

salary is commensurate with the regular and customary rate for an individual with his/her 

qualifications and expertise, and for the work that is to be done. 

OMB No. 1121-0329 

Approval Expires 02/28/2013 6 
 

Performance Measures 

To assist in fulfilling the Department’s responsibilities under the Government Performance and 

Results Act (GPRA), P.L. 103–62, applicants who receive funding under this solicitation must 

provide data that measure the results of their work. Additionally, applicants must discuss in 

their application their methods for collecting data for performance measures. Please 

refer to “What an Application Must Include” (page 9) for additional information on 

applicant responsibilities for collecting and reporting data. Performance measures for this 

solicitation are as follows: 

Objective Performance Measure(s) Data Grantee Provides 

To help defray 1. Increase the number of 1. The number of postconviction cases— 

the costs postconviction cases—forcible forcible rape, murder, and nonnegligent 

associated rape, murder, and nonnegligent manslaughter—reviewed, by offense. 

with 

postconviction 

DNA testing. 

manslaughter—that have been 

subjected to DNA testing. 

2. Percent of postconviction cases— 

forcible rape, murder, and 

2. The number of postconviction cases— 

forcible rape, murder, and nonnegligent 

manslaughter—reviewed pursuant to 

court order, by offense. 

nonnegligent manslaughter—that 

have been subjected to DNA 

testing. 

3. Percent of eligible cases that are 

reviewed. 

3. The number of postconviction cases— 

forcible rape, murder, and nonnegligent 

manslaughter—reviewed pursuant to 

executive order (e.g., order of the 

Governor), by offense. 

4. The number of postconviction cases— 

forcible rape, murder, and nonnegligent 

manslaughter—reviewed in which 

biological evidence still exists, by 

offense. 

5. The number of postconviction cases— 

forcible rape, murder, and nonnegligent 

manslaughter—subjected to DNA testing, 

by offense. 

6. The number of postconviction cases— 

forcible rape, murder, and nonnegligent 

manslaughter—that yielded DNA profiles, 

by offense. 

How to Apply 

Applications will be submitted through OJP’s Grants Management System (GMS). GMS is a 

Web-based, data-driven computer application that provides cradle to grave support for the 

application, award and management of grants at OJP. Applicants should begin the process 

immediately to meet the GMS registration deadline, especially if this is the first time they have 

used the system. Complete instructions on how to register and submit an application in GMS 

can be found at www.ojp.usdoj.gov/gmscbt/. If you experience technical difficulties at any point 

during this process, please e-mail GMSHelpDesk@usdoj.gov, or call 1–888–549–9901 

(option 3), Monday–Friday from 6:00 a.m. to Midnight eastern time, except for Federal holidays. 

OJP highly recommends starting the registration process as early as possible to prevent delays 

in the application submission by the specified deadline. 

OMB No. 1121-0329 

Approval Expires 02/28/2013 7 
All applicants are required to complete the following. 

1. Acquire a DUNS Number. A DUNS number is required to submit an application in 

GMS. The Office of Management and Budget requires that all businesses and nonprofit 

applicants for Federal funds include a DUNS (Data Universal Numbering System) 

number in their application for a new award or renewal of an existing award. A DUNS 

number is a unique nine-digit sequence recognized as the universal standard for 

identifying and keeping track of entities receiving federal funds. The identifier is used for 

tracking purposes and to validate address and point of contact information for federal 

assistance applicants, recipients, and subrecipients. The DUNS number will be used 

throughout the grant life cycle. Obtaining a DUNS number is a free, one-time activity. 

Obtain a DUNS number by calling 1–866–705–5711 or by applying online at 

www.dunandbradstreet.com. Individuals are exempt from this requirement. 

2. Acquire or Renew Registration with the Central Contractor Registration (CCR) 

Database. CCR registration is required to receive funding. OJP requires that all 

applicants (other than individuals) for federal financial assistance maintain current 

registrations in the Central Contractor Registration (CCR) database. The CCR database 

is the repository for standard information about federal financial assistance applicants, 

recipients, and subrecipients. Organizations that have previously submitted applications 

via Grants.gov are already registered with CCR, as it is a requirement for Grants.gov 

registration. Please note, however, that applicants must update or renew their CCR 

registration at least once per year to maintain an active status. Information about CCR 

registration procedures can be accessed at www.ccr.gov. 

3. Acquire a GMS Username and Password. If you are a new user, please create a GMS 

profile by selecting the first time user link under the sign-in box of the GMS home page. 

For more information on how to register in GMS, go to www.ojp.usdoj.gov/gmscbt/. 

4. Search for the Funding Opportunity on GMS. After you log in to GMS or complete 

your GMS profile for your username and password, go to the Funding Opportunities link 

on the left hand side of the page. Please select “National Institute of Justice” and then 

“NIJ FY 10 Postconviction DNA Testing Assistance Program.” 

5. Select the Apply Online Button Associated with the Solicitation Title. The search 

results from step 4 will display the solicitation title along with the Registration and 

Application Deadlines for this funding opportunity. Please select the Apply Online button 

in the Action Column to create an application in the system. 

6. Submit an Application Addressing All of the Requirements Outlined in this 

Solicitation by Following the Directions in GMS. Once submitted, GMS will display a 

confirmation screen stating your submission was successful. Important: You are urged 

to submit your application at least 72 hours prior to the due date of the application. 

Note: OJP’s Grants Management System (GMS) does not accept executable file types as 

application attachments. These disallowed file types include, but are not limited to, the 

following extensions: ".com," ".bat," ".exe," ".vbs," ".cfg," ".dat," ".db," ".dbf," ".dll," ".ini," ".log," 

".ora," ".sys," and ".zip." 

OMB No. 1121-0329 

Approval Expires 02/28/2013 8 
 

 

 

Experiencing Unforeseen GMS Technical Issues 

If you experience unforeseen GMS technical issues beyond your control which prevent you from 

submitting your application by the deadline, you must contact the NIJ staff member listed on the 

title page within 24 hours after the deadline and request approval to submit your application. 

At that time, NIJ staff will require you to e-mail the complete grant application, your DUNS 

number, and provide a GMS Help Desk tracking number(s). After the program office reviews all 

of the information submitted, and contacts the GMS Helpdesk to validate the technical issues 

you reported, OJP will contact you to either approve or deny your request to submit a late 

application. If the technical issues you reported cannot be validated, your application will be 

rejected as untimely. 

To ensure a fair competition for limited discretionary funds, the following conditions are not valid 

reasons to permit late submissions: (1) failure to begin the registration process in sufficient time; 

(2) failure to follow GMS instructions on how to register and apply as posted on its Web site; (3) 

failure to follow all of the instructions in the OJP solicitation; and (4) technical issues 

experienced with the applicant’s computer or information technology (IT) environment. 

Notifications regarding known technical problems with GMS are posted on the OJP funding Web 

page, www.ojp.usdoj.gov/funding/solicitations.htm. 

What an Application Must Include 

OJP strongly recommends use of appropriately descriptive file names (e.g., “Program 

Narrative,” “Budget Detail Worksheet and Budget Narrative,” “Timelines,” “Memoranda of 

Understanding,” “Resumes”) for all required attachments. Where resumes are required, OJP 

recommends that all resumes be included in a single file. 

Standard Form 424 

Please see www07.grants.gov/assets/SF424Instructions.pdf for instructions on how to 

complete your SF424. 

Program Narrative 

The program narrative must address the specific project objectives, expected results, 

and implementation approach. It should demonstrate, specifically and comprehensively, 

how requested funds will be used to help defray costs of postconviction DNA testing of 

forcible rape, murder, and nonnegligent manslaughter cases. 

Applicants must define the case review selection criteria they will use. Case review and 

follow-through strategies should be developed in cooperation with the forensic 

laboratory, prosecutor, defense counsel, courts, law enforcement, corrections, and any 

other criminal justice agencies that would be affected. Please see the “Selection Criteria” 

section on page 11 for additional information about items a successful application should 

include. 

The Program Narrative includes: 

a. Abstract (not to exceed 600 words). 

b. Table of contents. 

c. Main body, which includes: 

• Purpose, goals, objectives, and expected results. 

OMB No. 1121-0329 

Approval Expires 02/28/2013 9 
 

• Implementation approach, including case review selection criteria. 

• Management plan and organization. 

• Need and relevance to the goals and objectives of the program. 

d. Appendixes (not counted against program narrative page limit) include: 

• Bibliography/References (if applicable). 

• List of key personnel (required). 

• Résumés of key personnel (required). 

• List of previous and current NIJ awards (required). 

• Letters of cooperation/support or administrative agreements from 

organizations collaborating in the project (if applicable). 

• Chart for timeline or milestones (required). 

• Other materials required by the solicitation. 

The program narrative section of your application must not exceed 50 double-spaced 

pages in 12-point font with 1-inch margins. Abstract, table of contents, charts, figures, 

appendices, and government forms do not count toward the 50-page limit for the 

narrative section. 

Budget Detail Worksheet and Budget Narrative 

A sample Budget Detail Worksheet can be found at 

www.ojp.gov/funding/forms/budget_detail.pdf. If you submit a different format, you must 

include the budget categories as listed in the sample budget worksheet. 

For questions pertaining to budget and examples of allowable and unallowable costs, 

please see the OJP Financial Guide at www.ojp.gov/financialguide/index.htm. 

The Budget Narrative is a plain-language description of each of the proposed 

expenditures listed in the Budget Detail Worksheet. It should clearly explain the purpose 

and reason for all expenditures in the budget. There should be no ambiguities about any 

budget item. The narrative also should include details for calculated rates or other 

figures. As with the Budget Detail Worksheet, the Budget Narrative must be broken 

down on a year-by-year basis. 

Cofunding: A grant made by NIJ under this solicitation may account for up to 100 

percent of the total cost of the project. You must indicate whether you believe it is 

feasible for you to contribute cash, facilities, or services as non-Federal support for the 

project. Your application should identify generally any such contributions that you expect 

to make and your proposed budget should indicate in detail which items, if any, will be 

supported with non-Federal contributions. 

Indirect Cost Rate Agreement (if applicable) 

Applicants that do not have a federally negotiated indirect cost rate and wish to establish 

one can submit a proposal to their “cognizant” Federal agency. Generally, the cognizant 

Federal agency is the agency that provides the preponderance of direct Federal funding. 

This can be determined by reviewing an organization’s schedule of Federal financial 

assistance. If DOJ is your cognizant Federal agency, obtain information needed to 

submit an indirect cost rate proposal at 

http://www.ojp.usdoj.gov/financialguide/part3/part3chap17.htm. 

OMB No. 1121-0329 

Approval Expires 02/28/2013 10 
 

Plan for Collecting the Data Required for Performance Measures. (See 

"Performance Measures," above.) 

The data collection plan is a description of the applicant’s plan for collecting the data 

required for performance measures. Applicants must discuss this plan in their 

applications. The plan must describe how the performance measures data will be 

derived, state who will be responsible for collecting the data, and state that the data will 

be available for review 3 years post award, as required. The data collection plan should 

be rigorous to ensure that the performance measure data provided are accurate, 

auditable, and correctly measure the impact of the Federal funds provided. 

Program-Specific Attachment 

Certification as to Provision of Postconviction DNA Testing and Preservation 

of Biological Evidence 

As described above in the “Eligibility” section, to be eligible for an award, a State 

must submit a specific certification personally executed by its chief legal officer 

(typically the Attorney General) regarding the provision of postconviction DNA testing 

and preservation of biological evidence. A template for the certification appears in 

Appendix I. As noted earlier, any such certification must be received by NIJ no later 

than April 22, 2010, 11:45 p.m. eastern time. 

Other Standard Forms 

Additional forms that may be required are available on OJP’s funding page at 

http://www.ojp.usdoj.gov/funding/forms.htm. Please note in particular the following 

forms. 

Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility 

Matters; and Drug-Free Workplace Requirements (required of all applicants as part 

of the GMS application process) 

Disclosure of Lobbying Activities (required for any applicant that expends any funds 

for lobbying activities) 

Accounting System and Financial Capability Questionnaire (required for any 

applicant that is a nongovernmental entity and that has not received any award from 

OJP within the past 3 years) 

Standard Assurances (required of all applicants as part of the GMS application 

process) 

Note: Attachments to the application should be included in one of the following four 

categories: 1) Program Narrative; 2) Budget Detail Worksheet and Budget Narrative; 3) 

Appendices; and 4) Other Requirements. 

Selection Criteria 

Statement of the Problem (Understanding of the problem and its importance)—10% 

1. Awareness of the state of current DNA technology and DNA testing relative to 

postconviction cases.
 

OMB No. 1121-0329 

Approval Expires 02/28/2013 11 
Project/Program Design and Implementation (Quality and technical merit)—30% 

1. How requested funds will, specifically and comprehensively, be used to help defray 

costs of postconviction DNA testing. 

2. Need and relevance to the goals and objectives of the program. 

3. Feasibility of proposed project and awareness of pitfalls. 

4. Innovation and creativity (when appropriate). 

Capabilities/Competencies (Capabilities, demonstrated productivity, and experience of 

applicants)—20% 

1. Qualifications and experience of proposed staff. 

2. Demonstrated ability of proposed staff and organization to manage the effort. 

3. Adequacy of the plan to manage the project, including how various tasks are subdivided 

and resources are used. 

4. Successful past performance on NIJ grants and contracts (when applicable). 

Budget—20% 

1. Total cost of the project relative to the perceived benefit. 

2. Appropriateness of the budget relative to the level of effort. 

3. Use of existing resources to conserve costs. 

Impact/Outcomes and Evaluation/Plan for Collecting Data for Performance Measures 

(Relevance to policy and practice)—20% 

1. Potential for significant advances in the field. 

2. Plan for collecting data for performance measures. 

3. Relevance for improving the policy and practice of criminal justice and related agencies 

in the United States and improving public safety, security, and quality of life. 

Review Process 

OJP is committed to ensuring a fair and open process for awarding grants. NIJ reviews the 

application to make sure that the information presented is reasonable, understandable, 

measurable, and achievable, as well as consistent with basic minimum program or legislative 

requirements as stated in the solicitation (including, but not limited to, requirements as to 

timeliness, proper format, and responsiveness to the scope of the solicitation). 

Peer reviewers will be reviewing the applications submitted under this solicitation that meet 

basic minimum requirements. NIJ may use either internal peer reviewers, external peer 

reviewers, or a combination to review the applications under this solicitation. An external peer 

reviewer is an expert in the field of the subject matter of a given solicitation who is NOT a 

current U.S. Department of Justice employee. An internal reviewer is a current U.S. Department 

of Justice employee who is well-versed or has expertise in the subject matter of this solicitation. 

Eligible applications will be evaluated, scored, and rated by a peer review panel. Peer 

reviewers’ ratings and any resulting recommendations are advisory only. In addition to peer 

review ratings, considerations for award recommendations and decisions may include, but are 

not limited to, underserved populations, geographic diversity, strategic priorities, past 

performance, and available funding. 

OMB No. 1121-0329 

Approval Expires 02/28/2013 12 
The Office of the Chief Financial Officer (OCFO), in consultation with NIJ, conducts a financial 

review of applications for potential discretionary awards and cooperative agreements to 

evaluate the fiscal integrity and financial capability of applicants; examines proposed costs to 

determine if the budget and budget narrative accurately explain project costs; and determines 

whether costs are reasonable, necessary, and allowable under applicable Federal cost 

principles and agency regulations. 

Absent explicit statutory authorization or written delegation of authority to the contrary, all final 

grant award decisions will be made by the Assistant Attorney General (AAG), who may also 

give consideration to factors including, but not limited to, underserved populations, geographic 

diversity, strategic priorities, past performance, and available funding when making awards. 

Additional Requirements 

Applicants selected for awards must agree to comply with additional legal requirements upon 

acceptance of an award. We strongly encourage you to review the information pertaining to 

these additional requirements prior to submitting your application. Additional information for 

each can be found at http://www.ojp.usdoj.gov/funding/other_requirements.htm. 

• Civil Rights Compliance 

• Faith-Based and Other Community Organizations 

• Confidentiality and Human Subjects Protection (if applicable) 

• Anti-Lobbying Act 

• Financial and Government Audit Requirements 

• National Environmental Policy Act (NEPA) (if applicable) 

• DOJ Information Technology Standards (if applicable) 

• Single Point of Contact Review 

• Nonsupplanting of State or Local Funds 

• Criminal Penalty for False Statements 

• Compliance with Office of Justice Programs Financial Guide 

• Suspension or Termination of Funding 

• Nonprofit Organizations 

• For-Profit Organizations 

• Government Performance and Results Act (GPRA) 

• Rights in Intellectual Property 

OMB No. 1121-0329 

Approval Expires 02/28/2013 13 
• Federal Funding Accountability and Transparency Act (FFATA) of 2006 

• Awards in excess of $5,000,000 – Federal taxes certification requirement 

If your proposal is funded, you will be required to submit several reports and other materials, 

including: quarterly financial reports, semi-annual progress reports, a final progress report, and, 

if applicable, an annual audit report in accordance with Office of Management and Budget 

Circular A–133. The final report must include a summary and assessment of the program 

carried out with the award. Future awards and fund drawdowns may be withheld if reports are 

delinquent. 

OMB No. 1121-0329 

Approval Expires 02/28/2013 14 
 

 

Application Checklist
 

Postconviction DNA Testing Assistance Program 

The application checklist has been created to aid you in developing your application. 

Eligibility: 

_____ Certification as to Provision of Postconviction DNA Testing and Preservation of 

Biological Evidence (see pages 3–4, 11, and Appendix I) (required) 

Application Components: 

_____ Program Narrative (see pages 9–10 and “Selection Criteria,” pages 11–12) 

_____ Appendices to the Program Narrative 

_____ Bibliography/References (if applicable) 

_____ List of key personnel (required) 

_____ Resumes of key personnel (required) 

_____ List of previous and current NIJ awards to applicant organization (required) 

_____ Letters of cooperation/support or administrative agreements from organizations 

collaborating in the project (if applicable) 

_____ Chart for timeline or milestones (required) 

_____ Budget Narrative 

_____ Budget Detail Worksheet 

_____ Indirect Cost Rate Agreement (if applicable) 

_____ Plan for Collecting Data for Performance Measures 

Program Narrative/Abstract Format: 

_____ Double-spaced 

_____ 12-point standard font 

_____ 1” standard margins 

_____ Narrative is 50 pages or less 

Other Requirements: 

_____ Standard Form 424 

_____ DUNS number 

_____ Other Standard Forms as applicable (see page 11), including 

_____ Disclosure of Lobbying Activities (if applicable)
 

_____ Accounting System and Financial Capability Questionnaire (if applicable)
 

OMB No. 1121-0329 

Approval Expires 02/28/2013 15 
Appendix I: Certification Template 

OMB No. 1121-0329 

Approval Expires 02/28/2013
 16 
U.S. DEPARTMENT OF JUSTICE
 

OFFICE OF JUSTICE PROGRAMS
 

NATIONAL INSTITUTE OF JUSTICE
 

FY 2010 Postconviction DNA Testing Assistance Program 

Certification as to Provision of Postconviction DNA Testing 

and Preservation of Biological Evidence 

On behalf of the applicant State (as defined in the solicitation) named below, I certify the 

following to the National Institute of Justice, Office of Justice Programs, U.S. 

Department of Justice: 

(A) The State provides postconviction DNA testing of specified 

biological evidence under a State statute, or under State rules, 

regulations, or practices, to persons convicted after trial and under a 

sentence of imprisonment or death for a State offense of forcible rape, 

murder, or nonnegligent manslaughter, in a manner intended to ensure a 

reasonable process for resolving claims of actual innocence; and 

(B) The State preserves biological evidence secured in relation to the 

investigation or prosecution of a State offense of forcible rape, murder, 

or nonnegligent manslaughter under a State statute, local ordinances, or 

State or local rules, regulations, or practices, in a manner intended to 

ensure that reasonable measures are taken by all jurisdictions within the 

State to preserve such evidence. 

I am the chief legal officer of the applicant State and have authority to make this 

certification. I am aware that a false statement in this certification may be subject to 

criminal prosecution, including under 18 U.S.C. § 1001. I also acknowledge that 

certifications provided in connection with Office of Justice Programs grants are subject to 

review by the Office of Justice Programs and/or by the Department of Justice’s Office of 

Inspector General. 

 ________________________________ 

Signature of Certifying Official 

 ________________________________ 

Printed Name of Certifying Official

 ________________________________ 

Title of Certifying Official 

 ________________________________ 

Name of Applicant State

 ________________________________

 Date 

OMB No. 1121-0329 

Approval Expires 02/28/2013 17 
Appendix II: Selected Statutes 

(See “NOTE” in the “Eligibility” section of the solicitation.) 

OMB No. 1121-0329 

Approval Expires 02/28/2013
 18 
 

 

Section 413 of the Justice for All Act of 2004 (Public Law 108–405) provides: 

Incentive grants to States to ensure consideration of claims of actual innocence. 

For each of fiscal years 2005 through 2009, all funds appropriated to carry out sections 303, 305, 308, 

and 412 shall be reserved for grants to eligible entities that— 

(1) meet the requirements under section 303, 305, 308, or 412, as appropriate; and 

(2) demonstrate that the State in which the eligible entity operates— 

(A) provides post-conviction DNA testing of specified evidence— 

(i) under a State statute enacted before the date of enactment of this Act 

[October 30, 2004] (or extended or renewed after such date), to persons convicted after 

trial and under a sentence of imprisonment or death for a State felony offense, in a 

manner that ensures a reasonable process for resolving claims of actual innocence; or 

(ii) under a State statute enacted after the date of enactment of this Act 

[October 30, 2004], or under a State rule, regulation, or practice, to persons under a 

sentence of imprisonment or death for a State felony offense, in a manner comparable to 

section 3600(a) of title 18, United States Code (provided that the State statute, rule, 

regulation, or practice may make postconviction DNA testing available in cases in which 

such testing is not required by such section), and if the results of such testing exclude the 

applicant, permits the applicant to apply for post-conviction relief, notwithstanding any 

provision of law that would otherwise bar such application as untimely; and 

(B) preserves biological evidence secured in relation to the investigation or prosecution of 

a State offense— 

(i) under a State statute or a State or local rule, regulation, or practice, enacted or 

adopted before the date of enactment of this Act [October 30, 2004] (or extended or 

renewed after such date), in a manner that ensures that reasonable measures are taken 

by all jurisdictions within the State to preserve such evidence; or 

(ii) under a State statute or a State or local rule, regulation, or practice, enacted 

or adopted after the date of enactment of this Act [October 30, 2004], in a manner 

comparable to section 3600A of title 18, United States Code, if— 

(I) all jurisdictions within the State comply with this requirement; and 

(II) such jurisdictions may preserve such evidence for longer than the 

period of time that such evidence would be required to be preserved under such 

section 3600A. 

OMB No. 1121-0329 

Approval Expires 02/28/2013 19 
 

18 U.S.C. § 3600(a) provides: 

DNA testing 

(a) In general.—Upon a written motion by an individual under a sentence of imprisonment or 

death pursuant to a conviction for a Federal offense (referred to in this section as the "applicant"), the 

court that entered the judgment of conviction shall order DNA testing of specific evidence if the court finds 

that all of the following apply: 

(1) The applicant asserts, under penalty of perjury, that the applicant is actually innocent 

of— 

(A) the Federal offense for which the applicant is under a sentence of 

imprisonment or death; or 

(B) another Federal or State offense, if— 

(i) evidence of such offense was admitted during a Federal death 

sentencing hearing and exoneration of such offense would entitle the applicant to 

a reduced sentence or new sentencing hearing; and 

(ii) in the case of a State offense— 

(I) the applicant demonstrates that there is no adequate remedy 

under State law to permit DNA testing of the specified evidence relating 

to the State offense; and 

(II) to the extent available, the applicant has exhausted all 

remedies available under State law for requesting DNA testing of 

specified evidence relating to the State offense. 

(2) The specific evidence to be tested was secured in relation to the investigation or 

prosecution of the Federal or State offense referenced in the applicant's assertion under 

paragraph (1). 

(3) The specific evidence to be tested— 

(A) was not previously subjected to DNA testing and the applicant did not— 

(i) knowingly and voluntarily waive the right to request DNA testing of 

that evidence in a court proceeding after the date of enactment of the Innocence 

Protection Act of 2004 [October 30, 2004]; or 

(ii) knowingly fail to request DNA testing of that evidence in a prior 

motion for postconviction DNA testing; or 

(B) was previously subjected to DNA testing and the applicant is requesting DNA 

testing using a new method or technology that is substantially more probative than the 

prior DNA testing. 

(4) The specific evidence to be tested is in the possession of the Government and has 

been subject to a chain of custody and retained under conditions sufficient to ensure that such 

evidence has not been substituted, contaminated, tampered with, replaced, or altered in any 

respect material to the proposed DNA testing. 

OMB No. 1121-0329 

Approval Expires 02/28/2013 20 
(5) The proposed DNA testing is reasonable in scope, uses scientifically sound methods, 

and is consistent with accepted forensic practices. 

(6) The applicant identifies a theory of defense that— 

(A) is not inconsistent with an affirmative defense presented at trial; and 

(B) would establish the actual innocence of the applicant of the Federal or State 

offense referenced in the applicant's assertion under paragraph (1). 

(7) If the applicant was convicted following a trial, the identity of the perpetrator was at 

issue in the trial. 

(8) The proposed DNA testing of the specific evidence may produce new material 

evidence that would— 

(A) support the theory of defense referenced in paragraph (6); and 

(B) raise a reasonable probability that the applicant did not commit the offense. 

(9) The applicant certifies that the applicant will provide a DNA sample for purposes of 

comparison. 

(10) The motion is made in a timely fashion, subject to the following conditions: 

(A) There shall be a rebuttable presumption of timeliness if the motion is made 

within 60 months of enactment of the Justice For All Act of 2004 [October 30, 2004] or 

within 36 months of conviction, whichever comes later. Such presumption may be 

rebutted upon a showing— 

(i) that the applicant's motion for a DNA test is based solely upon 

information used in a previously denied motion; or 

(ii) of clear and convincing evidence that the applicant's filing is done 

solely to cause delay or harass. 

(B) There shall be a rebuttable presumption against timeliness for any motion not 

satisfying subparagraph (A) above. Such presumption may be rebutted upon the court's 

finding— 

(i) that the applicant was or is incompetent and such incompetence 

substantially contributed to the delay in the applicant's motion for a DNA test; 

(ii) the evidence to be tested is newly discovered DNA evidence; 

(iii) that the applicant's motion is not based solely upon the applicant's 

own assertion of innocence and, after considering all relevant facts and 

circumstances surrounding the motion, a denial would result in a manifest 

injustice; or 

(iv) upon good cause shown. 

OMB No. 1121-0329 

Approval Expires 02/28/2013 21 
 

 

 

 

(C) For purposes of this paragraph— 

(i) the term "incompetence" has the meaning as defined in section 4241 

of title 18, United States Code; 

(ii) the term "manifest" means that which is unmistakable, clear, plain, or 

indisputable and requires that the opposite conclusion be clearly evident. 

18 U.S.C. § 3600A provides: 

Preservation of biological evidence 

(a) In general.—Notwithstanding any other provision of law, the Government shall preserve 

biological evidence that was secured in the investigation or prosecution of a Federal offense, if a 

defendant is under a sentence of imprisonment for such offense. 

(b) Defined term.—For purposes of this section, the term "biological evidence" means— 

(1) a sexual assault forensic examination kit; or 

(2) semen, blood, saliva, hair, skin tissue, or other identified biological material. 

(c) Applicability.—Subsection (a) shall not apply if— 

(1) a court has denied a request or motion for DNA testing of the biological evidence by 

the defendant under section 3600, and no appeal is pending; 

(2) the defendant knowingly and voluntarily waived the right to request DNA testing of the 

biological evidence in a court proceeding conducted after the date of enactment of the Innocence 

Protection Act of 2004 [October 30, 2004]; 

(3) after a conviction becomes final and the defendant has exhausted all opportunities for 

direct review of the conviction, the defendant is notified that the biological evidence may be 

destroyed and the defendant does not file a motion under section 3600 within 180 days of receipt 

of the notice; 

(4) (A) the evidence must be returned to its rightful owner, or is of such a size, bulk, or 

physical character as to render retention impracticable; and 

(B) the Government takes reasonable measures to remove and preserve 

portions of the material evidence sufficient to permit future DNA testing; or 

(5) the biological evidence has already been subjected to DNA testing under 

section 3600 and the results included the defendant as the source of such evidence. 

(d) Other preservation requirement.—Nothing in this section shall preempt or supersede any 

statute, regulation, court order, or other provision of law that may require evidence, including biological 

evidence, to be preserved. 

(e) Regulations.—Not later than 180 days after the date of enactment of the Innocence Protection 

Act of 2004 [October 30, 2004], the Attorney General shall promulgate regulations to implement and 

enforce this section, including appropriate disciplinary sanctions to ensure that employees comply with 

such regulations. 

OMB No. 1121-0329 

Approval Expires 02/28/2013 22 
 

 

(f) Criminal penalty.—Whoever knowingly and intentionally destroys, alters, or tampers with 

biological evidence that is required to be preserved under this section with the intent to prevent that 

evidence from being subjected to DNA testing or prevent the production or use of that evidence in an 

official proceeding, shall be fined under this title, imprisoned for not more than 5 years, or both. 

(g) Habeas corpus.—Nothing in this section shall provide a basis for relief in any Federal habeas 

corpus proceeding. 

OMB No. 1121-0329 

Approval Expires 02/28/2013 23