Notice regarding the solicitation “Postconviction Testing of DNA 

Evidence”

April 13, 2018: Each applicant is to submit an NIJ Programmatic Coversheet and Checklist with 

its application to assist NIJ in assessing the potential environmental impacts of the activities 

proposed for funding by the applicant. Specifically, the applicant is expected to:

• Carefully read the Programmatic Environmental Assessment;

• Complete the Cover Sheet and the attached the Programmatic Checklist; and

• Attach the completed documents to the grant application. 

The applicant should also submit a Cover Sheet and NIJ Programmatic Checklist for any 

organization identified in the Budget Detail Worksheet that will receive grant funds through a 

sub-award or procurement contract to perform any of the following activities: new construction 

or renovations that change the basic prior use of a facility or significantly change the size; 

research and/or technology development that could be expected to have an effect on the 

environment; or implementation of programs involving the use of chemicals.

April 13, 2018: Grants.gov will be offline for scheduled maintenance from 12:01 a.m. eastern 

time on April 21 through 6:00 a.m. eastern time on April 23, 2018.

March 12, 2018: Links directing to "Overview of Legal Requirements Generally Applicable to 

OJP Grants and Cooperative Agreements - FY 2017 Awards" have been updated to the FY 

2018 link throughout this funding opportunity document.

The original solicitation document begins on the next page.
U.S. Department of Justice OMB No. 1121-0329 

Office of Justice Programs Approval Expires 11/30/2020 

National Institute of Justice 

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

Justice (NIJ) is seeking applications for funding to assist in defraying the costs associated with 

postconviction case review, evidence location, and DNA testing in violent felony cases (as 

defined by State law) where the results of such testing might show actual innocence. This 

program furthers the Department’s mission by ensuring the availability of fair and impartial 

administration of justice to Americans who may have been unjustly convicted. 

Postconviction Testing of DNA Evidence 

Applications Due: April 26, 2018

Eligibility 

Eligible applicants are States, units of local government, and public institutions of higher 

education (including tribal institutions of higher education). For the 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. Foreign 

governments, foreign organizations, and foreign institutions of higher education are not eligible 

to apply.

All recipients and subrecipients (including any for-profit organization) must forgo any profit or 

management fee.

NIJ welcomes applications under which two or more entities would carry out the federal award; 

however, only one entity may be the applicant. Any others must be proposed as subrecipients 

(subgrantees).1 The applicant must be the entity that would have primary responsibility for 

carrying out the award, including administering the funding and managing the entire project. 

Under this solicitation, only one application by any particular applicant entity will be considered. 

An entity may, however, be proposed as a subrecipient (subgrantee) in more than one 

application. 

Deadline 

Applicants must register with Grants.gov at https://www.grants.gov/web/grants/register.html

prior to submitting an application. All applications are due by 11:59 p.m. eastern time on April 

26, 2018. 

To be considered timely, an application must be submitted by the application deadline using 

Grants.gov, and the applicant must have received a validation message from Grants.gov that 

 

1

 For additional information on subawards, see "Budget and Associated Documentation" under Section D. Application 

and Submission Information. 
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NIJ-2018-13833 

indicates successful and timely submission. OJP urges applicants to submit applications at least 

72 hours prior to the application due date, to allow time for the applicant to receive validation 

messages or rejection notifications from Grants.gov, and to correct in a timely fashion any 

problems that may have caused a rejection notification. 

OJP encourages all applicants to read this Important Notice: Applying for Grants in Grants.gov. 

For additional information, see How to Apply in Section D. Application and Submission 

Information. 

Contact Information 

For technical assistance with submitting an application, contact the Grants.gov Customer 

Support Hotline at 800-518-4726, 606-545-5035, at 

https://www.grants.gov/web/grants/support.html, or at support@grants.gov. The Grants.gov 

Support Hotline operates 24 hours a day, 7 days a week, except on federal holidays. 

An applicant that experiences unforeseen Grants.gov technical issues beyond its control that 

prevent it from submitting its application by the deadline must email the NIJ contact identified 

below within 24 hours after the application deadline to request approval to submit its 

application after the deadline. Additional information on reporting technical issues appears 

under “Experiencing Unforeseen Grants.gov Technical Issues” in the How To Apply section. 

For assistance with any other requirements of this solicitation, contact the National Criminal 

Justice Reference Service (NCJRS) Response Center: toll-free at 1-800-851-3420; via TTY at 

301-240-6310 (hearing impaired only); email grants@ncjrs.gov; fax to 301-240-5830; or 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. General information on applying for NIJ 

awards can be found at www.nij.gov/funding/Pages/welcome.aspx. Answers to frequently asked 

questions that may assist applicants are posted at www.nij.gov/funding/Pages/faqs.aspx. 

Grants.gov number assigned to this solicitation: NIJ-2018-13833

Release date: March 8, 2018 
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NIJ-2018-13833 

Contents 

A. Program Description .............................................................................................................. 4

Overview ................................................................................................................................ 4

Program-Specific Information ................................................................................................. 4

Goals, Objectives, and Deliverables ....................................................................................... 5

Information Regarding Potential Evaluation of Programs and Activities .................................. 6

B. Federal Award Information ..................................................................................................... 7

Type of Award ........................................................................................................................ 7

Financial Management and System of Internal Controls ......................................................... 7

Budget Information ................................................................................................................. 8

Cost Sharing or Matching Requirement .................................................................................10

Pre-agreement Costs (also known as Pre-award Costs) .......................................................10

Limitation on Use of Award Funds for Employee Compensation; Waiver ..............................10

Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs ...................11

Costs Associated with Language Assistance (if applicable) ..................................................11

C. Eligibility Information .............................................................................................................11

D. Application and Submission Information ...............................................................................11

What an Application Should Include ......................................................................................11

How To Apply ........................................................................................................................24

E. Application Review Information .............................................................................................27

Review Criteria ......................................................................................................................27

Review Process ....................................................................................................................29

F. Federal Award Administration Information ............................................................................30

Federal Award Notices ..........................................................................................................30

Administrative, National Policy, and Other Legal Requirements ............................................31

General Information about Post-Federal Award Reporting Requirements .............................31

G. Federal Awarding Agency Contact(s) ...................................................................................32

H. Other Information..................................................................................................................32

Freedom of Information Act and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a) ....................32

Provide Feedback to OJP .....................................................................................................33

Appendix A: Application Checklist .........................................................................................34

Appendix B: Performance Measures Table ...........................................................................36

Appendix C: Certification Template .......................................................................................38

Appendix D: Selected Statutes ..............................................................................................40

Appendix E: Template for Legal Opinion as to Certification Under Section 413 of the Justice 

for All Act of 2004 (34 U.S.C. § 40722 note)(“State” applicants only) ....................................44
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NIJ-2018-13833 

Postconviction Testing of DNA Evidence 

CFDA No. 16.820 

A. Program Description 

Overview 

NIJ seeks proposals for funding to assist in defraying the costs associated with postconviction 

DNA testing in cases of violent felony offenses (as defined by State law) in which actual 

innocence might be demonstrated. Funds may be used to identify and review such 

postconviction cases and to locate and analyze associated biological evidence. 

Statutory Authority: Any awards under this solicitation would be made under statutory 

authority provided by a full-year appropriations act for FY 2018. As of the writing of this 

solicitation, the Department of Justice is operating under a short-term "Continuing Resolution"; 

no full-year appropriation for the Department has been enacted for FY 2018. 

IMPORTANT NOTE 

Applicants should be aware that recently-enacted legislation (see page 23 for details) made 

significant changes to 34 U.S.C. § 40727 (the Kirk Bloodsworth Post-Conviction DNA Testing 

Grant Program statute) and other related provisions of law. If the FY 2018 appropriation 

incorporates these changes, then no awards will be made from this FY 2018 Postconviction 

Testing of DNA Evidence solicitation. 

All awards are subject to the availability of appropriated funds and to any modifications or 

additional requirements that may be imposed by law. 

Applicants are strongly encouraged to check for updates to this solicitation prior to submitting 

applications. 

Program-Specific Information 

Since the advent of forensic DNA analysis, a growing number of Americans convicted of violent 

crimes have been exonerated through DNA analysis of evidence that was untested at the time 

of trial. New technologies have increased the likelihood of 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 may now yield viable DNA profiles. Moreover, 

samples that had previously generated inconclusive DNA results may be amenable to 

reanalysis using newer methods. 

NIJ provides funding to help defray the costs (e.g., of additional personnel, overtime, testing 

supplies, and services, etc.) associated with postconviction DNA testing for violent felony 

offenses (as defined by State law) in which actual innocence might be demonstrated. Funds 

may be used to review suitable postconviction cases and to locate and analyze biological 

evidence. Only a limited portion of funds may be used for case identification activities. 
5 

NIJ-2018-13833 

This program was previously titled the Postconviction DNA Testing Assistance Program. NIJ 

has made awards for postconviction DNA testing assistance in each fiscal year since 2008. 

Prior to fiscal year 2015, NIJ invited applications from States only. In order for a State’s 

application to be considered eligible in those years, the State was required to submit with its 

application an express certification from the applicant State’s chief legal officer (typically the 

Attorney General) regarding the applicant State’s provision of postconviction DNA testing, and 

its laws and practices addressing the preservation of biological evidence. Since fiscal year 

2015, NIJ has expanded eligibility under this program to include units of local government and 

public institutions of higher education. This is expected to better reflect the diversity of 

institutions that are engaged in postconviction DNA testing efforts. Certification from the State’s 

chief legal officer as to State procedures regarding evidence retention and access to 

postconviction DNA testing is no longer required at the time of application, but must be 

submitted before funds can be accessed. 

To expand access to the program’s services in new geographic areas, NIJ allows proposals for 

postconviction projects serving multiple States. While such a multi-State project may be 

awarded funds, project activity in any particular State may not proceed (and the associated 

funds will be withheld) until proper certification from that State’s chief legal officer as to evidence 

retention and access to postconviction DNA testing is submitted. For additional information, see 

9(b) under Section D. Application and Submission Information. 

Goals, Objectives, and Deliverables 

The goal of this program is to fund projects that assist States and units of local government with 

postconviction DNA testing in cases of violent felony offenses where actual innocence might be 

demonstrated. This supports the DOJ mission “...to ensure fair and impartial administration of 

justice for all Americans.” While successful exonerations to correct injustice are notable program 

outcomes, the careful review, consideration, and closing of cases subjected to postconviction 

DNA testing that do not ultimately demonstrate innocence also work to advance the public’s 

interest that justice has been fairly applied. 

Program objectives with respect to target number of cases to be reviewed and other concrete 

goals must be outlined in the proposal. Funded projects are expected to implement some 

aspect of each of the following activities, except for case identification, which is not mandatory: 

1. Identify potential postconviction DNA testing cases. A maximum of 15 percent of the 

proposed budget may be dedicated to case identification activities. 

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

prove the actual innocence of a person convicted of a violent felony offense as defined 

by State law. 

3. Locate biological evidence associated with such postconviction cases. 

4. Perform DNA analysis of appropriate biological evidence. 
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NIJ-2018-13833 

For the purposes of this announcement: 

 Case identification means performing outreach or initial screening activities, other than 

“case review” as defined below, designed to identify postconviction cases of violent 

felony offenses (as defined by State law) where DNA analysis might demonstrate actual 

innocence. Permissible outreach and initial screening mechanisms are face-to-face 

meetings, closed-circuit television meetings, eligibility letters/questionnaires/applications, 

telephone calls, and computerized searches of State court records. 

 Case review means review of files or documentation of postconviction cases of violent 

felony offenses (as defined by State law) by appropriate persons (e.g., 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. 

 Evidence location means seeking 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. 

All DNA analyses conducted using program funds must be performed by a laboratory 

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

least once every two years that demonstrate compliance with the applicable DNA Quality 

Assurance Standards established by the Director of the Federal Bureau of Investigation. All 

DNA analyses conducted and profiles generated under this program must be maintained 

pursuant to any applicable federal privacy requirements. 

The Goals, Objectives and Deliverables are directly related to the performance measures that 

demonstrate the results of the work completed, as discussed in Section D. Application and 

Submission Information, under Program Narrative. Demonstration of progress in implementing 

the approved program goals is required periodically. This involves the reporting of numerical 

performance metrics (cases, hours, testing, etc.), which are the key deliverables reported 

semiannually and at the conclusion of the program. 

Information Regarding Potential Evaluation of Programs and Activities 

The Department of Justice has prioritized the use of evidence-based programming and deems it 

critical to continue to build and expand the evidence informing criminal and juvenile justice 

programs to reach the highest level of rigor possible. Therefore, applicants should note that the 

Office of Justice Programs may conduct or support an evaluation of the programs and activities 

funded under this solicitation. Recipients and sub-recipients will be expected to cooperate with 

program-related assessments or evaluation efforts, including through the collection and 

provision of information or data requested by OJP (or its designee) for the assessment or 

evaluation of any activities and/or outcomes of those activities funded under this solicitation. 

The information or data requested may be in addition to any other financial or performance data 

already required under this program. 
7 

NIJ-2018-13833 

B. Federal Award Information 

The number and value of awards made will depend on the availability of funds, the number and 

quality of applications received, and other pertinent factors. NIJ expects to make awards with 

period of performance of up to 24 months, to begin on, or after, January 1, 2019. Visit the NIJ 

website for examples of recent successful Postconviction DNA program proposals.

All awards are subject to the availability of appropriated funds and to any modifications or 

additional requirements that may be imposed by law. 

Type of Award 

NIJ expects to make any award under this solicitation in the form of a grant. See Administrative, 

National Policy, and Other Legal Requirements, under Section F. Federal Award Administration 

Information, for a brief discussion of important statutes, regulations, and award conditions that 

apply to many (or in some cases, all) OJP grants. 

Financial Management and System of Internal Controls 

Award recipients and subrecipients (including recipients or subrecipients that are pass-through 

entities2) must, as described in the Part 200 Uniform Requirements3 as set out at 2 C.F.R. 

200.303: 

(a) Establish and maintain effective internal control over the Federal award that 

provides reasonable assurance that [the recipient (and any subrecipient)] is 

managing the Federal award in compliance with Federal statutes, regulations, 

and the terms and conditions of the Federal award. These internal controls 

should be in compliance with guidance in “Standards for Internal Control in the 

Federal Government” issued by the Comptroller General of the United States and 

the “Internal Control Integrated Framework”, issued by the Committee of 

Sponsoring Organizations of the Treadway Commission (COSO). 

(b) Comply with Federal statutes, regulations, and the terms and conditions of the 

Federal awards. 

(c) Evaluate and monitor [the recipient’s (and any subrecipient’s)] compliance with 

statutes, regulations, and the terms and conditions of Federal awards. 

(d) Take prompt action when instances of noncompliance are identified including 

noncompliance identified in audit findings. 

(e) Take reasonable measures to safeguard protected personally identifiable 

information and other information the Federal awarding agency or pass-through 

entity designates as sensitive or [the recipient (or any subrecipient)] considers 

sensitive consistent with applicable Federal, state, local, and tribal laws regarding 

privacy and obligations of confidentiality. 

 

2 For purposes of this solicitation, the phrase “pass-through entity” includes any recipient or subrecipient that provides 

a subaward ("subgrant”) to a subrecipient (subgrantee) to carry out part of the funded award or program. 

3 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. 
8 

NIJ-2018-13833 

To help ensure that applicants understand the applicable administrative requirements and cost 

principles, OJP encourages prospective applicants to enroll, at no charge, in the DOJ Grants 

Financial Management Online Training, available at https://ojpfgm.webfirst.com/. (This training 

is required for all OJP award recipients.) 

Also, applicants should be aware that OJP collects information from applicants on their financial 

management and systems of internal controls (among other information) which is used to make 

award decisions. Under Section D. Application and Submission Information, applicants may 

access and review a questionnaire – the OJP Financial Management and System of Internal 

Controls Questionnaire – that OJP requires all applicants (other than an individual applying in 

his/her personal capacity) to download, complete, and submit as part of the application. 

Budget Information 

Permissible Expenses:

1. Salary and benefits of additional employees — Funds may be used for salaries and 

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

directly engaged in case identification, case review, location of evidence, or DNA 

analysis of biological evidence. Applicants should demonstrate that any additional fullor part-time employees will be directly engaged in these activities. Supplanting is not 

permitted. 

2. Overtime — Funds may be used for employee overtime for the purpose of case 

identification, 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 

DOJ Grants Financial Guide. 

3. Travel (limited) — Funds may be used for reasonable travel expenses directly 

associated with case identification, case review, location of evidence, or DNA analysis of 

biological evidence. These costs must be in accordance with federal policy or an 

organizationally approved travel policy. The Office of the Chief Financial Officer reserves 

the authority to determine the reasonableness of the recipient's own established travel 

rates. Current federal travel policy and per diem rate information are available at 

www.gsa.gov/perdiem. 

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

computer hardware or software that will be used exclusively for case identification, case 

review, location of evidence, or DNA analysis of biological evidence. 

5. Laboratory supplies — Funds may be used to acquire laboratory supplies for DNA 

analysis of biological evidence. The proposal must clearly demonstrate that the types 

and number of supplies requested are appropriate for the proposed caseload. Award 

recipients whose proposals involve the purchase or use of chemicals may encounter 

delays in the release of award funds pending satisfactory completion of the National 

Environmental Protection Act (NEPA) review process. 

6. Engage additional (temporary) personnel — Funds may be used to obtain the 

services of individuals (other than employees of the recipient) to perform case 
9 

NIJ-2018-13833 

identification and case reviews, locate evidence, or perform DNA analyses of biological 

evidence in the crime laboratory. 

7. Procurement from private laboratories of DNA analyses — Funds may be used for 

contracts with accredited fee-for-service laboratories to conduct DNA analysis of 

biological evidence. 

Please note: No profiles generated with funding from this program may be entered into any 

non-governmental DNA database without prior express written approval from NIJ. 

8. Training (limited) — In limited circumstances, funds may be used for postconviction 

training directly related to case identification, case review, location of biological 

evidence, and DNA analysis of biological evidence. Funds for this purpose must be used 

only for grant-funded personnel directly engaged in case identification, case review, 

location of biological evidence, or DNA analysis of biological evidence. The proposal 

must clearly demonstrate that the proposed training directly supports the program’s 

purpose areas, and is related directly to the job position and duties of the individual(s) 

receiving the training. 

Expenses that are not permitted:

Federal funds awarded under this solicitation may only be used for the permissible expenses 

outlined above. Among other things, funds may not be used for: 

1. Work that will be funded under another specific solicitation. 

2. Activities that do not respond to the specific goals of this solicitation. 

3. Costs for postconviction relief litigation, after DNA testing of biological evidence has 

been completed. 

4. Salaries and benefits for victims advocacy services. 

5. Salaries, benefits, or overtime for staff who are not directly engaged in case 

identification, case review, location of biological evidence, or DNA analysis of biological 

evidence. 

6. Outreach and initial screening activities not included in case identification (as defined 

above). 

7. Laboratory equipment. 

8. Construction. 

9. Renovation. 

10. Office furnishings. 

11. Witness travel. 
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NIJ-2018-13833 

12. General, non-postconviction training, or training for employees not directly funded under 

this award. 

Cost Sharing or Matching Requirement 

This solicitation does not require a match. However, if a successful application proposes a 

voluntary match amount, and OJP approves the budget, the total match amount incorporated 

into the approved budget becomes mandatory and subject to audit. 

Pre-agreement Costs (also known as Pre-award Costs) 

Pre-agreement costs are costs incurred by the applicant prior to the start date of the period of 

performance of the federal award. 

OJP does not typically approve pre-agreement costs; an applicant must request and obtain the 

prior written approval of OJP for all such costs. All such costs incurred prior to award and prior 

to approval of the costs are incurred at the sole risk of the applicant. (Generally, no applicant 

should incur project costs before submitting an application requesting federal funding for those 

costs.) Should there be extenuating circumstances that make it appropriate for OJP to consider 

approving pre-agreement costs, the applicant may contact the point of contact listed on the title 

page of this solicitation for the requirements concerning written requests for approval. If 

approved in advance by OJP, award funds may be used for pre-agreement costs, consistent 

with the recipient’s approved budget and applicable cost principles. See the section on Costs 

Requiring Prior Approval in the DOJ Grants Financial Guide at 

https://ojp.gov/financialguide/DOJ/index.htm for more 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, a recipient may 

not use federal funds to pay total cash compensation (salary plus cash bonuses) to any 

employee of the recipient at a rate that exceeds 110 percent 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.4

 The 2018 salary table for 

SES employees is available on the Office of Personnel Management website at 

https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salarytables/18Tables/exec/html/ES.aspx. Note: A recipient may compensate an employee at a 

greater rate, provided the amount in excess of this compensation limitation is paid with nonfederal funds. (Non-federal funds used for any such additional compensation will not be 

considered matching funds, where match requirements apply.) If only a portion of an 

employee's time is charged to an OJP award, the maximum allowable compensation is equal to 

the percentage of time worked times the maximum salary limitation. 

The Assistant Attorney General for OJP may exercise discretion to waive, on an individual 

basis, this limitation on compensation rates allowable under an award. An applicant that 

requests a waiver should include a detailed justification in the budget narrative of its application. 

An applicant that does not submit a waiver request and justification with its application should 

anticipate that OJP will require the applicant to adjust and resubmit the budget. 

 

4

 OJP does not apply this limitation on the use of award funds to the nonprofit organizations listed in Appendix VIII to 

2 C.F.R. Part 200. 
11

NIJ-2018-13833 

The justification should address, in the context of the work the individual would do under the 

award, the particular qualifications and expertise of the individual, the uniqueness of a service 

the individual will provide, the individual’s specific knowledge of the proposed program or 

project, and a statement that explains whether and how the individual’s salary under the award 

would be commensurate with the regular and customary rate for an individual with his/her 

qualifications and expertise, and for the work he/she would do under the award. 

Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs 

OJP strongly encourages every applicant that proposes to use award funds for any conference-, 

meeting-, or training-related activity (or similar event) to review carefully—before submitting an 

application—the OJP and DOJ policy and guidance on approval, planning, and reporting of such 

events, available at 

https://www.ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.10a.htm. OJP policy 

and guidance (1) encourage minimization of conference, meeting, and training costs; (2) require 

prior written approval (which may affect project timelines) of most conference, meeting, and 

training costs for cooperative agreement recipients, as well as some conference, meeting, and 

training costs for grant recipients; and (3) set cost limits, which include a general prohibition of 

all food and beverage costs. 

Costs Associated with Language Assistance (if applicable) 

If an applicant proposes a program or activity that would deliver services or benefits to 

individuals, the costs of taking reasonable steps to provide meaningful access to those services 

or benefits for individuals with limited English proficiency may be allowable. Reasonable steps 

to provide meaningful access to services or benefits may include interpretation or translation 

services, where appropriate. 

For additional information, see the "Civil Rights Compliance" section under “Overview of Legal

Requirements Generally Applicable to OJP Grants and Cooperative Agreements — FY 2018

Awards” in the OJP Funding Resource Center at https://ojp.gov/funding/index.htm.

C. Eligibility Information

For eligibility information, see title page. 

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

Information. 

D. Application and Submission Information

What an Application Should Include 

This section describes in detail what an application should include. An applicant should 

anticipate that if it fails to submit an application that contains all of the specified elements, it may 

negatively affect the review of its application; and, should a decision be made to make an 

award, it may result in the inclusion of award conditions that preclude the recipient from 

accessing or using award funds until the recipient satisfies the conditions and OJP makes the 

funds available. 
12

NIJ-2018-13833 

Moreover, an applicant should anticipate that an application that OJP determines is

nonresponsive to the scope of the solicitation, or that OJP determines does not include the 

application elements that NIJ has designated to be critical, will neither proceed to peer review, 

nor receive further consideration. For this solicitation, NIJ has designated the following 

application elements as critical: Program Narrative; Budget Detail Worksheet; Budget Narrative; 

and resumes, curriculum vitae, or biographical sketches of key personnel. 

NOTE: OJP has combined the Budget Detail Worksheet and Budget Narrative in a single 

document collectively referred to as the Budget Detail Worksheet. See “Budget Information and 

Associated Documentation” below for more information about the Budget Detail Worksheet and 

where it can be accessed. 

OJP strongly recommends that applicants use appropriately descriptive file names (e.g., 

“Program Narrative,” “Budget Detail Worksheet,” “Timelines,” “Memoranda of Understanding,” 

“Resumes”) for all attachments. Also, OJP recommends that applicants include resumes in a 

single file. 

Please review the “Note on File Names and File Types” under How To Apply to be sure 

applications are submitted in permitted formats. 

1. Information to Complete the Application for Federal Assistance (SF-424)

The SF-424 is a required standard form used as a cover sheet for submission of preapplications, applications, and related information. Grants.gov and the OJP Grants 

Management System (GMS) take information from the applicant’s profile to populate the 

fields on this form. When selecting "type of applicant," if the applicant is a for-profit entity, 

select "For-Profit Organization" or "Small Business" (as applicable). 

To avoid processing delays, an applicant must include an accurate legal name on its SF424. On the SF-424, current OJP award recipients, when completing the field for “Legal 

Name” (box 8a), should use the same legal name that appears on the prior year award 

document (which is also the legal name stored in OJP’s financial system.) Also, these 

recipients should enter the Employer Identification Number (EIN) in box 8c exactly as it 

appears on the prior year award document. An applicant with a current, active award(s) 

must ensure that its GMS profile is current. If the profile is not current, the applicant should 

submit a Grant Adjustment Notice updating the information on its GMS profile prior to 

applying under this solicitation. 

A new applicant entity should enter its official legal name in box 8a, its address in box 8d, its 

EIN in box 8b, and its Data Universal Numbering System (DUNS) number in box 8c of the 

SF-424. A new applicant entity should attach official legal documents to its application (e.g., 

articles of incorporation, 501(c)(3) status documentation, organizational letterhead, etc.) to 

confirm the legal name, address, and EIN entered into the SF-424. OJP will use the System 

for Award Management (SAM) to confirm the legal name and DUNS number entered in the 

SF-424; therefore, an applicant should ensure that the information entered in the SF-424 

matches its current registration in SAM. See the How to Apply section for more information 

on SAM and DUNS numbers. 

Intergovernmental Review: This solicitation ("funding opportunity") is not subject to 

Executive Order 12372. (In completing the SF-424, an applicant is to answer question 19 by 

selecting the response that the “Program is not covered by E.O. 12372.”)
13

NIJ-2018-13833 

2. Project Abstract

The project abstract is an important part of the application, and serves as an introduction to 

the proposed project. NIJ uses the project abstract for a number of purposes, including 

assignment of the application to an appropriate review panel. If the application is funded, the 

project abstract typically will become public information and be used to describe the project. 

Applications should include a high-quality project abstract that summarizes the proposed 

project in 400 words or less. Project abstracts should be—

 Written for a general public audience. 

 Submitted as a separate attachment with “Project Abstract” as part of its file name. 

 Single-spaced, using a standard 12-point font (such as Times New Roman) with 1-inch 

margins. 

As a separate attachment, the project abstract will not count against the page limit for the 

program narrative. Attach this as a separate PDF file titled “Abstract.”

3. Program Narrative

The program narrative section of the application should not exceed twelve (12) doublespaced pages in 12-point font with 1-inch margins. If included in the main body of the 

program narrative, tables, charts, figures, and other illustrations count toward the 12-page 

limit for the narrative section. The project abstract, table of contents, appendices, and 

government forms do not count toward the 12-page limit. 

If the program narrative fails to comply with these length-related restrictions, NIJ may 

consider such noncompliance in peer review and in final award decisions. 

The following sections should be included as part of the program narrative:5

a. Title Page (not counted against the 12-page program narrative limit). 

The title page should include the title of the project, submission date, funding 

opportunity number, and the complete contact information (i.e., name, address, 

telephone number, and e-mail address) for both the applicant and the project 

director. 

b. Resubmit Response (if applicable; not counted against the 12-page program 

narrative limit). 

If an applicant is resubmitting an application presented previously to NIJ, but not 

funded, the applicant should indicate this. A statement should be provided, no more 

 

5

 If the proposed program or project reasonably could be conducted in discrete phases, with each phase resulting in 

completion of one or more significant, defined milestones, then NIJ strongly recommends that the applicant structure 

the application – specifically including the narrative, timelines/milestones, and budget detail worksheet and budget 

narrative – to set out each phase clearly. 
14

NIJ-2018-13833 

than two pages, addressing: (1) the title, submission date, and NIJ-assigned 

application number of the previous application, and (2) a brief summary of revisions 

to the application, including responses to previous feedback received from NIJ. 

c. Table of Contents (not counted against the 12-page program narrative limit). 

d. Main Body

The main body of the program narrative should describe the proposed project in 

depth. Within its sections (specified below), the main body of the program narrative 

should address: 

 Purpose, goals, and objectives. 

 Implementation approach, including case review selection criteria and the target 

number of cases to be reviewed with award funds. 

 Detailed justification for specific case identification activities proposed for federal 

funding, if applicable (not to exceed 15% of the federal award amount). 

 Implications for criminal justice policy and practice in the United States. 

 Management plan and organization. 

The following sections should be included as part of the main body of the program 

narrative:6

 Description of the Issue. 

 Project Design and Implementation. 

 Capabilities and Competencies.

 Potential Impact.

 Plan for Collecting the Data Required for this Solicitation’s Performance 

Measures. 

OJP will require each successful applicant to submit regular performance data 

that demonstrate the results of the work carried out under the award (see 

“General Information about Post-Federal Award Reporting Requirements” in

Section F. Federal Award Administration Information). The performance data 

directly relate to the goals, objectives, and deliverables identified under "Goals, 

Objectives, and Deliverables" in Section A. Program Description. 

 

6

 For information on subawards (including the details on proposed subawards that should be included in the 

application), see "Budget and Associated Documentation" under Section D. Application and Submission Information. 
15

NIJ-2018-13833

Applicants should visit OJP’s performance measurement page at 

www.ojp.gov/performance to view the specific reporting requirements for this 

grant program.

Performance measures for this solicitation are listed in Appendix B: Performance 

Measures Table.

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. 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.

Award recipients will be required to provide the relevant data by submitting 

semiannual performance metrics through NIJ’s online Performance 

Measurement Tool (PMT) located at https://nijpmt.ojp.gov/.

e. Appendices (not counted against the 12-page program narrative limit), including:

 Curriculum vitae, resumes, or biographical sketches for key personnel. Attach 

this as a separate PDF file titled “Curriculum Vitae or Resumes.”

 Bibliography/references (if not included in the 12-page Program Narrative). 

Attach this as a separate PDF file titled “Bibliography and References Cited.”

 Any tools/instruments, questionnaires, tables/charts/graphs, or maps pertaining 

to the proposed project (if applicable). Attach this as a separate PDF file titled 

“Supplementary Materials.”

 List (to the extent known) of all proposed project staff members, including those 

affiliated with the applicant organization or any proposed subrecipient 

organization(s), any proposed consultant(s) and contractors (whether individuals 

or organizations), and any proposed members of an advisory board for the 

project (if applicable). The list should include, for each individual and 

organization: name, title (if applicable), employer or other organizational 

affiliation, and roles and responsibilities proposed for the project. Applicants 

should use the “Proposed Project Staff, Affiliation, and Roles” form available at 

http://www.nij.gov/funding/documents/nij-project-staff-template.xlsx to provide 

this listing. Attach this as a separate PDF file titled “Proposed Project Staff.”

 Proposed project timeline and expected milestones. Attach this as a separate 

PDF file titled “Project Timeline.”

 List of any previous and current NIJ awards to the applicant, including the NIJassigned award number(s) (if applicable). Attach this as a separate PDF file titled 

“Previous and current NIJ awards.”
16

NIJ-2018-13833

 Letters of cooperation/support or administrative agreements from organizations 

collaborating in the project (if applicable). Attach this as a separate PDF file titled 

“Letters of Support.”

4. Budget and Associated Documentation

The Budget Detail Worksheet and the Budget Narrative are now combined in a single document 

collectively referred to as the Budget Detail Worksheet. The Budget Detail Worksheet is a userfriendly, fillable, Microsoft Excel-based document designed to calculate totals. Additionally, the 

Excel workbook contains worksheets for multiple budget years that can be completed as 

necessary. All applicants should use the Excel version when completing the proposed 

budget in an application, except in cases where the applicant does not have access to 

Microsoft Excel or experiences technical difficulties. If an applicant does not have access to 

Microsoft Excel or experiences technical difficulties with the Excel version, then the applicant 

should use the 508-compliant accessible Adobe Portable Document Format (PDF) version.

Both versions of the Budget Detail Worksheet can be accessed at 

https://ojp.gov/funding/Apply/Forms/BudgetDetailWorksheet.htm.

a. Budget Detail Worksheet

The Budget Detail Worksheet should provide the detailed computation for each budget 

line item, listing the total cost of each and showing how it was calculated by the 

applicant. For example, costs for personnel should show the annual salary rate and the 

percentage of time devoted to the project for each employee paid with grant funds. The 

Budget Detail Worksheet should present a complete itemization of all proposed costs. 

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

see the DOJ Grants Financial Guide at https://ojp.gov/financialguide/DOJ/index.htm.

Case Identification

The budget detail worksheet and budget narrative should clearly indicate the cost 

breakouts for any proposed case identification activities (total cost not to exceed 15% of 

the total federal award amount requested) both within the appropriate cost categories 

(e.g., personnel, fringe benefits, travel, equipment, supplies, subawards, procurement 

contracts, consultants), as a separate section of the budget documents.

b. Budget Narrative

The budget narrative should thoroughly and clearly describe every category of expense 

listed in the Budget Detail Worksheet. OJP expects proposed budgets to be complete, 

cost effective, and allowable (e.g., reasonable, allocable, and necessary for project 

activities).

An applicant should demonstrate in its budget narrative how it will maximize cost 

effectiveness of award expenditures. Budget narratives should generally describe cost 

effectiveness in relation to potential alternatives and the goals of the project. For 

example, a budget narrative should detail why planned in-person meetings are 

necessary, or how technology and collaboration with outside organizations could be 

used to reduce costs, without compromising quality.
17

NIJ-2018-13833

The budget narrative should be mathematically sound and correspond clearly with the 

information and figures provided in the Budget Detail Worksheet. The narrative should 

explain how the applicant estimated and calculated all costs, and how those costs are 

necessary to the completion of the proposed project. The narrative may include tables 

for clarification purposes, but need not be in a spreadsheet format. As with the Budget 

Detail Worksheet, the budget narrative should describe costs by year.

c. Information on Proposed Subawards (if any), as well as on Proposed Procurement 

Contracts (if any)

Applicants for OJP awards typically may propose to make subawards. Applicants also 

may propose to enter into procurement contracts under the award.

Whether an action – for federal grants administrative purposes – is a subaward or 

procurement contract is a critical distinction as significantly different rules apply to 

subawards and procurement contracts. If a recipient enters into an agreement that is a 

subaward of an OJP award, specific rules apply – many of which are set by federal 

statutes and DOJ regulations; others by award conditions. These rules place particular 

responsibilities on an OJP recipient for any subawards the OJP recipient may make. The 

rules determine much of what the written subaward agreement itself must require or 

provide. The rules also determine much of what an OJP recipient must do both before 

and after it makes a subaward. If a recipient enters into an agreement that is a 

procurement contract under an OJP award, a substantially different set of federal rules 

applies.

OJP has developed the following guidance documents to help clarify the differences 

between subawards and procurement contracts under an OJP award and outline the 

compliance and reporting requirements for each. This information can be accessed 

online at https://ojp.gov/training/training.htm.

 Subawards under OJP Awards and Procurement Contracts under Awards: A 

Toolkit for OJP Recipients.

 Checklist to Determine Subrecipient or Contractor Classification.

 Sole Source Justification Fact Sheet and Sole Source Review Checklist.

In general, the central question is the relationship between what the third-party will do 

under its agreement with the recipient and what the recipient has committed (to OJP) to 

do under its award to further a public purpose (e.g., services the recipient will provide, 

products it will develop or modify, research or evaluation it will conduct). If a third party 

will provide some of the services the recipient has committed (to OJP) to provide, will 

develop or modify all or part of a product the recipient has committed (to OJP) to 

develop or modify, or will conduct part of the research or evaluation the recipient has 

committed (to OJP) to conduct, OJP will consider the agreement with the third party a 

subaward for purposes of federal grants administrative requirements.

This will be true even if the recipient, for internal or other non-federal purposes, labels or 

treats its agreement as a procurement, a contract, or a procurement contract. Neither 

the title nor the structure of an agreement determines whether the agreement — for 
18

NIJ-2018-13833

purposes of federal grants administrative requirements — is a subaward or is instead a 

procurement contract under an award. The substance of the relationship should be given 

greater consideration than the form of agreement between the recipient and the outside 

entity.

1. Information on proposed subawards

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) subawards, a recipient must have

authorization from OJP before it may make a subaward.

A particular subaward may be authorized by OJP because the recipient included a 

sufficiently-detailed description and justification of the proposed subaward in the 

Program Narrative, Budget Detail Worksheet and Budget Narrative as approved by 

OJP. If, however, a particular subaward is not authorized by federal statute or 

regulation, and is not approved by OJP, the recipient will be required, post-award, to 

request and obtain written authorization from OJP before it may make the subaward.

If an applicant proposes to make one or more subawards to carry out the federal 

award and program, the applicant should-- (1) identify (if known) the proposed 

subrecipient(s), (2) describe in detail what each subrecipient will do to carry out the 

federal award and federal program, and (3) provide a justification for the 

subaward(s), with details on pertinent matters such as special qualifications and 

areas of expertise. Pertinent information on subawards should appear not only in the 

Program Narrative, but also in the Budget Detail Worksheet and Budget Narrative.

2. Information on proposed procurement contracts (with specific justification for

proposed noncompetitive contracts over $150,000)

Unlike a recipient contemplating a subaward, a recipient of an OJP award generally 

does not need specific prior federal authorization to enter into an agreement that --

for purposes of federal grants administrative requirements -- is considered a 

procurement contract, provided that (1) the recipient uses its own documented 

procurement procedures and (2) those procedures conform to applicable federal law, 

including the Procurement Standards of the (DOJ) Part 200 Uniform Requirements 

(as set out at 2 C.F.R. 200.317 - 200.326). The Budget Detail Worksheet and Budget 

Narrative should identify proposed procurement contracts. (As discussed above, 

subawards must be identified and described separately from procurement contracts.)

The Procurement Standards in the Part 200 Uniform Requirements, however, reflect 

a general expectation that agreements that (for purposes of federal grants 

administrative requirements) constitute procurement “contracts” under awards will be 

entered into on the basis of full and open competition. All noncompetitive (sole 

source) procurement contracts must meet the OJP requirements outlined at 

https://ojp.gov/training/subawards-procurement.htm. If a proposed procurement 

contract would exceed the simplified acquisition threshold -- currently, $150,000 -- a 

recipient of an OJP award may not proceed without competition unless and until the 

recipient receives specific advance authorization from OJP to use a non-competitive 

approach for the procurement. An applicant that (at the time of its application intends 

– without competition – to enter into a procurement contract that would exceed 
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NIJ-2018-13833

$150,000 should include a detailed justification that explains to OJP why, in the 

particular circumstances, it is appropriate to proceed without competition.

If the applicant receives an award, sole source procurements that do not exceed the 

Simplified Acquisition Threshold (currently $150,000) must have written justification 

for the noncompetitive procurement action maintained in the procurement file. If a 

procurement file does not have the documentation that meets the criteria outlined in 

2 C.F.R. 200, the procurement expenditures may not be allowable. Sole source 

procurement over the $150,000 Simplified Acquisition Threshold must have prior 

approval from OJP using a Sole Source Grant Adjustment Notice (GAN). Written 

documentation justifying the noncompetitive procurement must be submitted with the 

GAN and maintained in the procurement file.

d. Pre-Agreement Costs

For information on pre-agreement costs, see Section B. Federal Award Information.

5. Indirect Cost Rate Agreement (if applicable)

Indirect costs may be charged to an award only if:

(a) The recipient has a current (unexpired), federally-approved indirect cost rate; or

(b) The recipient is eligible to use, and elects to use, the “de minimis” indirect cost rate

described in the Part 200 Uniform Requirements, as set out at 2 C.F.R. 200.414(f).

An applicant with a current (unexpired) federally-approved indirect cost rate is to attach a 

copy of the indirect cost rate agreement to the application. An applicant that does not have a

current federally-approved rate may request one through its cognizant federal agency, which 

will review all documentation and approve a rate for the applicant entity, or, if the applicant’s 

accounting system permits, applicants may propose to allocate costs in the direct cost 

categories.

For assistance with identifying the appropriate cognizant federal agency for indirect costs, 

please contact the Office of the Chief Financial Officer (OCFO) Customer Service Center at 

1-800-458-0786 or at ask.ocfo@usdoj.gov. If DOJ is the cognizant federal agency, 

applicants may obtain information needed to submit an indirect cost rate proposal at 

https://www.ojp.gov/funding/Apply/Resources/IndirectCosts.pdf.

Certain OJP recipients have the option of electing to use the “de minimis” indirect cost rate.

An applicant that is eligible to use the “de minimis” rate that wishes to use the "de minimis" 

rate should attach written documentation to the application that advises OJP of both-- (1) the 

applicant’s eligibility to use the “de minimis” rate, and (2) its election to do so. If an eligible 

applicant elects the “de minimis” rate, costs must be consistently charged as either indirect 

or direct costs, but may not be double charged or inconsistently charged as both. The "de 

minimis" rate may no longer be used once an approved federally-negotiated indirect cost 

rate is in place. (No entity that ever has had a federally-approved negotiated indirect cost 

rate is eligible to use the "de minimis" rate.) For additional eligibility requirements please see 

Part 200 Uniform Requirements, as set out at https://www.ecfr.gov/cgi-bin/textidx?node=se2.1.200_1414&rgn=div8.
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NIJ-2018-13833

6. Financial Management and System of Internal Controls Questionnaire (including 

applicant disclosure of high-risk status)

Every OJP applicant (other than an individual applying in his or her personal capacity) is 

required to download, complete, and submit the OJP Financial Management and System of 

Internal Controls Questionnaire (Questionnaire) at 

https://ojp.gov/funding/Apply/Resources/FinancialCapability.pdf as part of its application. 

The Questionnaire helps OJP assess the financial management and internal control 

systems, and the associated potential risks of an applicant as part of the pre-award risk 

assessment process.

The Questionnaire should only be completed by financial staff most familiar with the 

applicant's systems, policies, and procedures in order to ensure that the correct responses 

are recorded and submitted to OJP. The responses on the Questionnaire directly impact the 

pre-award risk assessment and should accurately reflect the applicant’s financial 

management and internal control system at the time of the application. The pre-award risk 

assessment is only one of multiple factors and criteria used in determining funding. 

However, a pre-award risk assessment that indicates that an applicant poses a higher risk to 

OJP may affect the funding decision and/or result in additional reporting requirements, 

monitoring, special conditions, withholding of award funds, or other additional award 

requirements.

Among other things, the form requires each applicant to disclose whether it currently is 

designated “high risk” by a federal grant-making agency outside of DOJ. For purposes of 

this disclosure, high risk includes any status under which a federal awarding agency 

provides additional oversight due to the applicant’s past performance, or other programmatic 

or financial concerns with the applicant. If an applicant is designated high risk by another 

federal awarding agency, the applicant must provide the following information:

 The federal awarding agency that currently designates the applicant high risk.

 The date the applicant was designated high risk.

 The high-risk point of contact at that federal awarding agency (name, phone number, 

and email address).

 The reasons for the high-risk status, as set out by the federal awarding agency.

OJP seeks this information to help ensure appropriate federal oversight of OJP awards. An 

applicant that is considered “high-risk” by another federal awarding agency is not 

automatically disqualified from receiving an OJP award. OJP may, however, consider the 

information in award decisions, and may impose additional OJP oversight of any award 

under this solicitation (including through the conditions that accompany the award 

document).

7. Disclosure of Lobbying Activities

Each applicant must complete and submit this information. An applicant that expends any 

funds for lobbying activities is to provide all of the information requested on the form 

Disclosure of Lobbying Activities (SF-LLL) posted at 
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NIJ-2018-13833 

https://ojp.gov/funding/Apply/Resources/Disclosure.pdf. An applicant that does not expend 

any funds for lobbying activities is to enter “N/A” in the text boxes for item 10 (“a. Name and 

Address of Lobbying Registrant” and “b. Individuals Performing Services”).

8. Additional Attachments

a. Applicant Disclosure of Pending Applications 

Each applicant is to disclose whether it has (or is proposed as a subrecipient under) any 

pending applications for federally-funded grants or cooperative agreements that (1) 

include requests for funding to support the same project being proposed in the 

application under this solicitation, and (2) would cover any identical cost items outlined in 

the budget submitted to OJP as part of the application under this solicitation. The 

applicant is to disclose applications made directly to federal awarding agencies, and also 

applications for subawards of federal funds (e.g., applications to State agencies that will 

subaward (“subgrant”) federal funds). 

OJP seeks this information to help avoid inappropriate duplication of funding. Leveraging 

multiple funding sources in a complementary manner to implement comprehensive 

programs or projects is encouraged and is not seen as inappropriate duplication. 

Each applicant that has one or more pending applications as described above is to 

provide the following information about pending applications submitted within the last 12 

months: 

 The federal or State funding agency. 

 The solicitation name/project name. 

 The point of contact information at the applicable federal or State funding 

agency. 

SAMPLE

Federal or State 

Funding Agency 

Solicitation 

Name/Project 

Name

Name/Phone/Email for Point of Contact 

at Federal or State Funding Agency

DOJ/Office of 

Community Oriented 

Policing Services 

(COPS)

COPS Hiring 

Program

Jane Doe, 202/000-0000; 

jane.doe@usdoj.gov

Health and Human 

Services/Substance 

Abuse and Mental 

Health Services 

Administration

Drug-Free 

Communities 

Mentoring Program/ 

North County Youth 

Mentoring Program

John Doe, 202/000-0000; 

john.doe@hhs.gov

Each applicant should include the table as a separate attachment to its application. The 

file should be named “Disclosure of Pending Applications.” The applicant’s Legal Name 
22

NIJ-2018-13833

on the application must match the entity named on the disclosure of pending 

applications statement.

Any applicant that does not have any pending applications as described above is to 

submit, as a separate attachment, a statement to this effect: “[Applicant Name on SF424] does not have (and is not proposed as a subrecipient under) any pending 

applications submitted within the last 12 months for federally-funded grants or 

cooperative agreements (or for subawards under federal grants or cooperative 

agreements) that request funding to support the same project being proposed in this 

application to OJP and that would cover any identical cost items outlined in the budget 

submitted as part of this application.”

b. Certification as to Provision of Postconviction DNA Testing and Preservation of 

Biological Evidence

If an award is made, prior to receiving award funds an applicant must submit an express 

certification from the chief legal officer of the State (typically the Attorney General) that 

the State:

i. 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 murder or 

forcible rape, in a manner intended to ensure a reasonable process for resolving 

claims of actual innocence.

ii. Preserves biological evidence secured in relation to the investigation or prosecution 

of a State offense of murder or forcible rape, 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. Appendix 

C: Certification Template provides the template that must be used for the certification.

While it may be submitted with the application package, submission of this 

certification is not required at the time of application. If an award is made, access to 

award funds will be withheld until this certification is received and approved by NIJ.

Note to all applicants, in particular, applicants proposing postconviction DNA 

testing projects involving cases outside of the applicant’s State: The certification at 

Appendix C: Certification Template must be executed by the chief legal officer of the 

appropriate State for each State for which postconviction cases are sought to be funded 

consistent with this solicitation. Funds will not be made available to applicants (if 

awarded) that fail to submit a properly-executed certification(s).
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NIJ-2018-13833

c. Legal Opinion as to Certification Under Section 413 of the Justice for All Act of 

2004 (34 U.S.C. § 40722 note)(“State” applicants only)

As noted above, recently-enacted legislation, the Justice for All Reauthorization Act of 

2016 (Public Law 114-324),

7 contained significant changes impacting 34 U.S.C. § 40727

(the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program (“Bloodsworth”) 

statute) and other related provisions of law. If FY 2018 funds are made available 

pursuant to the “Bloodsworth” statutory authority, NIJ will not be in a position to fund 

awards from this FY 2018 Postconviction Testing of DNA Evidence solicitation.

Given the possibility that a full-year DOJ 2018 appropriation may provide funding for 

“Bloodsworth” grants (incorporating the recently-enacted legislation), an applicant that is 

a State is to—

 Review carefully sections 11 and 12 of the Justice for All Reauthorization Act of 

2016 (Public Law 114-324).

 Determine whether it would be able to provide the certification that would be 

required consistent with section 413 of Public Law 108-405, the Justice for All Act 

of 2004 (34 U.S.C. 40772 note), as amended by section 12 of the Justice for All 

Reauthorization Act of 2016 (Public Law 114-324).

 Submit a legal opinion following upon such review using the template at

Appendix E: Template for Legal Opinion as to Certification Under Section 413 of 

the Justice for All Act of 2004 (34 U.S.C. § 40772 note)(“State” applicants only).

While it may be submitted with the application package, submission of this 

legal opinion document is not required at the time of application. If an 

award is made, access to award funds (“State” applicants only) will be withheld 

until this legal opinion document is received and approved (as to its proper 

execution) by NIJ.

Note regarding section 413 of Public Law 108-405: Although not applicable to 

awards under this solicitation, the provisions of section 413 or related provisions 

may apply—including in FY 2018, if funds are made available pursuant to the 

“Bloodsworth” statutory authority (incorporating the recently enacted 

legislation)—to future solicitations related to postconviction DNA testing 

assistance. (A copy of the following provisions (shown with amendments enacted 

by Public Law 114-324 incorporated into the text) appears in Appendix D: 

Selected Statutes: section 413, along with copies of 18 U.S.C. §§ 3600(a) and 

3600A, which are referenced therein. The information at Appendix D: Selected 

Statutes has been prepared and included in this solicitation for purposes of 

convenience only; applicants are strongly encouraged to access and view Public 

Law 114-324, and federal statutes amended thereby, by using official 

government repositories such as the Office of the Law Revision Counsel, 

Congress.gov, or Government Publishing Office websites.)

 

7 The link provided to Public Law 114-324 here, for convenience of reference, is to an electronic version of the 

document housed in the Government Publishing Office repository accessible via the Internet.
24

NIJ-2018-13833

How To Apply

Applicants must register in and submit applications through Grants.gov, a primary source to find 

federal funding opportunities and apply for funding. Find complete instructions on how to 

register and submit an application at https://www.grants.gov/web/grants/support.html. 

Applicants that experience technical difficulties during this process should call the Grants.gov 

Customer Support Hotline at 800-518-4726 or 606–545–5035, which operates 24 hours a day, 7 

days a week, except on federal holidays.

Important Grants.gov update. Grants.gov has updated its application tool. The legacy PDF 

application package has been phased out and was retired on December 31, 2017. Grants.gov 

Workspace is now the standard application method for applying for grants. OJP applicants 

should familiarize themselves with the Workspace option now. For complete information and 

instructions on using Workspace (and other changes), go to the Workspace Overview page at

https://www.grants.gov/web/grants/applicants/workspace-overview.html.

Registering with Grants.gov is a one-time process; however, processing delays may occur,

and it can take several weeks for first-time registrants to receive confirmation of registration 

and a user password. OJP encourages applicants to register several weeks before the 

application submission deadline. In addition, OJP urges applicants to submit applications at 

least 72 hours prior to the application due date, in order to allow time for the applicant to receive 

validation messages or rejection notifications from Grants.gov, and to correct in a timely fashion 

any problems that may have caused a rejection notification.

OJP strongly encourages all prospective applicants to sign up for Grants.gov email notifications 

regarding this solicitation at https://www.grants.gov/web/grants/manage-subscriptions.html. If 

this solicitation is cancelled or modified, individuals who sign up with Grants.gov for updates will 

be automatically notified.

Browser Information: Grants.gov was built to be compatible with Internet Explorer. For 

technical assistance with Google Chrome, or another browser, contact Grants.gov Customer 

Support.

Note on Attachments: Grants.gov has two categories of files for attachments: “mandatory” and

“optional.” OJP receives all files attached in both categories. Attachments are also labeled to 

describe the file being attached (e.g., Project Narrative, Budget Narrative, Other, etc.) Please 

ensure that all required documents are attached in the correct Grants.gov category and are 

labeled correctly. Do not embed “mandatory” attachments within another file.

Note on File Names and File Types: Grants.gov only permits the use of certain specific

characters in the file names of attachments. Valid file names may include only the characters 

shown in the table below. Grants.gov rejects any application that includes an attachment(s) with 

a file name that contains any characters not shown in the table below. Grants.gov forwards 

successfully-submitted applications to the OJP Grants Management System (GMS).
25

NIJ-2018-13833 

Characters

Upper case (A – Z)

Lower case (a – z)

Underscore (__)

Hyphen ( - )

Space

Period (.)

Special Characters Special Characters Special Characters

Parenthesis ( ) Curly braces { } Square brackets [ ]

Ampersand (&)* Tilde (~) Exclamation point (!)

Comma ( , ) Semicolon ( ; ) Apostrophe ( ‘ )

At sign (@) Number sign (#) Dollar sign ($)

Percent sign (%) Plus sign (+) Equal sign (=)

*When using the ampersand (&) in XML, applicants must use the “&” format.

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.” GMS may reject applications 

with files that use these extensions. It is important to allow time to change the type of file(s) if 

the application is rejected. 

All applicants are required to complete the following steps: 

Unique Entity Identifier (DUNS Number) and System for Award Management (SAM)

Every applicant entity must comply with all applicable System for Award Management (SAM) 

and unique entity identifier (currently, a Data Universal Numbering System [DUNS] number) 

requirements. SAM is the repository for certain standard information about federal financial 

assistance applicants, recipients, and subrecipients. A DUNS number is a unique nine-digit 

identification number provided by the commercial company Dun and Bradstreet. More detailed 

information about SAM and the DUNS number is in the numbered sections below. 

If an applicant entity has not fully complied with the applicable SAM and unique identifier 

requirements by the time OJP makes award decisions, OJP may determine that the applicant is 

not qualified to receive an award and may use that determination as a basis for making the 

award to a different applicant. 

Registration and Submission Steps 

1. Acquire a unique entity identifier (currently, a DUNS number). In general, the Office of 

Management and Budget requires every applicant for a federal award (other than an

individual) to include a "unique entity identifier" in each application, including an application 

for a supplemental award. Currently, a DUNS number is the required unique entity identifier. 

This unique entity identifier is used for tracking purposes, and to validate address and point 

of contact information for applicants, recipients, and subrecipients. It will be used throughout 

the life cycle of an OJP award. Obtaining a DUNS number is a free, one-time activity. Call 

Dun and Bradstreet at 866–705–5711 to obtain a DUNS number or apply online at 

https://www.dnb.com/. A DUNS number is usually received within 1-2 business days. 

2. Acquire or maintain registration with SAM. All applicants for OJP awards (other than 

individuals) must maintain current registrations in the SAM database. Applicants will need 

the authorizing official of the organization and an Employer Identification Number (EIN). An 

applicant must be registered in SAM to successfully register in Grants.gov. Each applicant 

must update or renew its SAM registration at least annually to maintain an active status. 
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NIJ-2018-13833 

SAM registration and renewal can take as long as 10 business days to complete (2 more 

weeks to acquire an EIN). 

An application cannot be successfully submitted in Grants.gov until Grants.gov receives the 

SAM registration information. Once the SAM registration/renewal is complete, the 

information transfer from SAM to Grants.gov can take as long as 48 hours. OJP 

recommends that the applicant register or renew registration with SAM as early as possible. 

Information about SAM registration procedures can be accessed at www.SAM.gov. 

3. Acquire an Authorized Organization Representative (AOR) and a Grants.gov 

username and password. Complete the AOR profile on Grants.gov and create a username 

and password. An applicant entity’s "unique entity identifier" (DUNS number) must be used 

to complete this step. For more information about the registration process for organizations 

and other entities, go to https://www.grants.gov/web/grants/applicants/organizationregistration.html. 

4. Acquire confirmation for the AOR from the E-Business Point of Contact (E-Biz POC). 

The E-Biz POC at the applicant organization must log into Grants.gov to confirm the 

applicant organization’s AOR. The E-Biz POC will need the Marketing Partner Identification 

Number (MPIN) password obtained when registering with SAM to complete this step. Note 

that an organization can have more than one AOR.

5. Search for the funding opportunity on Grants.gov. Use the following identifying 

information when searching for the funding opportunity on Grants.gov. The Catalog of 

Federal Domestic Assistance (CFDA) number for this solicitation is 16.820, titled 

“Postconviction Testing of DNA Evidence,” and the funding opportunity number is NIJ-2018-

13833.

6. Access Funding Opportunity and Application Package from Grants.gov. Select “Apply 

for Grants” under the “Applicants” column. Enter your email address to be notified of any 

changes to the opportunity package before the closing date. Click the Workspace icon to 

use Grants.gov Workspace. 

7. Submit a valid application consistent with this solicitation by following the directions 

in Grants.gov. Within 24-48 hours after submitting the electronic application, the applicant 

should receive two notifications from Grants.gov. The first will confirm the receipt of the 

application. The second will state whether the application has been validated and 

successfully submitted, or whether it has been rejected due to errors, with an explanation. It 

is possible to first receive a message indicating that the application is received, and then 

receive a rejection notice a few minutes or hours later. Submitting an application well ahead 

of the deadline provides time to correct the problem(s) that caused the rejection. Important: 

OJP urges each applicant to submit its application at least 72 hours prior to the application 

due date, to allow time to receive validation messages or rejection notifications from 

Grants.gov, and to correct in a timely fashion any problems that may have caused a 

rejection notification. Applications must be successfully submitted through Grants.gov by 

11:59 p.m. eastern time on April 26, 2018. 

Go to https://www.grants.gov/web/grants/applicants/organization-registration.html for further 

details on DUNS numbers, SAM, and Grants.gov registration steps and timeframes. 
27

NIJ-2018-13833 

Note: Application Versions 

If an applicant submits multiple versions of the same application, OJP will review only the most 

recent system-validated version submitted. 

Experiencing Unforeseen Grants.gov Technical Issues 

An applicant that experiences unforeseen Grants.gov technical issues beyond its control that 

prevent it from submitting its application by the deadline must contact the Grants.gov Customer 

Support Hotline at https://www.grants.gov/web/grants/support.html or the SAM Help Desk 

(Federal Service Desk) at https://www.fsd.gov/fsd-gov/home.do to report the technical issue and 

receive a tracking number. The applicant must email the NIJ contact identified in the Contact 

Information section on the title page within 24 hours after the application deadline to request 

approval to submit its application after the deadline. The applicant's email must describe the 

technical difficulties, and must include a timeline of the applicant’s submission efforts, the 

complete grant application, the applicant’s DUNS number, and any Grants.gov Help Desk or 

SAM tracking number(s). 

Note: OJP does not automatically approve requests to submit a late application. After 

OJP reviews the applicant's request, and contacts the Grants.gov or SAM Help Desks to verify 

the reported technical issues, OJP will inform the applicant whether the request to submit a late 

application has been approved or denied. If OJP determines that the untimely application 

submission was due to the applicant's failure to follow all required procedures, OJP will deny the 

applicant’s request to submit its application. 

The following conditions generally are insufficient to justify late submissions: 

 Failure to register in SAM or Grants.gov in sufficient time (SAM registration and renewal 

can take as long as 10 business days to complete. The information transfer from SAM to 

Grants.gov can take up to 48 hours.) 

 Failure to follow Grants.gov instructions on how to register and apply as posted on its 

website. 

 Failure to follow each instruction in the OJP solicitation. 

 Technical issues with the applicant’s computer or information technology environment, 

such as issues with firewalls or browser incompatibility. 

Notifications regarding known technical problems with Grants.gov, if any, are posted at 

the top of the OJP Funding Resource Center at https://ojp.gov/funding/index.htm.

E. Application Review Information 

Review Criteria 

Applications that meet basic minimum requirements will be evaluated by peer reviewers using 

the following review criteria. 
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NIJ-2018-13833 

1. Description of the Issue (10%)

a. Awareness of the current state of DNA technology for forensic physical evidence.

b. Awareness of the significance of DNA testing relative to postconviction cases.

2. Project Design and Implementation (30%)

a. Relevance to the goals and objectives of the program (see Error! Reference source 

ot found.).

b. Feasibility of the proposed project, including likelihood of completion of the project 

goals within the proposed project period. 

c. Awareness of potential pitfalls and the inclusion of work-arounds. 

d. Demonstration of multiagency cooperation, collaboration and partnerships. 

e. Innovation and creativity (where appropriate). 

3. Capabilities and Competencies (25%)

a. Qualifications and experience of proposed staff. 

b. Demonstrated ability of staff and organization to manage the effort. 

c. Adequacy of the management plan. 

4. Potential Impact (20%)

a. Relevance to policy and practice. 

b. Potential for significant advances or outcomes. 

5. Budget (10%)

a. Complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary 

for project activities). Budget narratives should demonstrate generally how applicants 

will maximize cost effectiveness of grant expenditures. Budget narratives should 

demonstrate cost effectiveness in relation to potential alternatives and the goals of 

the project.8

6. Plan for Collecting the Data for this Solicitation's Performance Measures (5%)

 

8

 Generally speaking, a reasonable cost is a cost that, in its nature or amount, does not exceed that which would be 

incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the 

costs. 
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NIJ-2018-13833 

Review Process 

OJP is committed to ensuring a fair and open process for making awards. NIJ reviews the 

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

measurable, and achievable, as well as consistent with the solicitation. 

Peer reviewers will review the applications submitted under this solicitation that meet basic 

minimum requirements. For purposes of assessing whether an application meets basic 

minimum requirements and should proceed to further consideration, OJP screens applications 

for compliance with those requirements. Although specific requirements may vary, the following 

are common requirements applicable to all solicitations for funding under OJP programs: 

 The application must be submitted by an eligible type of applicant. 

 The application must request funding within programmatic funding constraints (if 

applicable). 

 The application must be responsive to the scope of the solicitation. 

 The application must include all items designated as “critical elements.”

 The applicant must not be identified in SAM as excluded from receiving federal awards. 

For a list of the critical elements for this solicitation, see “What an Application Should Include” 

under Section D. Application and Submission Information.

Peer review panels will evaluate, score, and rate applications that meet basic minimum 

requirements. NIJ may use external peer reviewers, internal peer reviewers, or a combination, 

to assess applications on technical merit using the solicitation’s review criteria. An external peer 

reviewer is an expert in the subject matter of a given solicitation who is not a current DOJ 

employee. An internal reviewer is a current DOJ employee who is well-versed or has expertise 

in the subject matter of this solicitation. Peer reviewers’ ratings and any resulting 

recommendations are advisory only, although reviewer views are considered carefully. Other 

important considerations for NIJ include geographic diversity, strategic priorities, and available 

funding, as well as the extent to which the Budget Detail Worksheet and Budget Narrative 

accurately explain project costs that are reasonable, necessary, and otherwise allowable under 

federal law and applicable federal cost principles. To promote the most productive use of 

program resources, NIJ may consider the current award status and outstanding award balances 

of previously awarded applicants when making funding recommendations for new awards under 

this solicitation. 

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 $150,000 in federal funds, OJP also 

must review and consider any information about the applicant that appears in the non-public 
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NIJ-2018-13833 

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. 

The evaluation of risks goes beyond information in SAM, however. OJP itself has in place a 

framework for evaluating risks posed by applicants for competitive awards. OJP takes into 

account information pertinent to matters such as —

1. Applicant financial stability and fiscal integrity. 

2. Quality of the applicant’s management systems, and the applicant’s ability to meet 

prescribed management standards, including those outlined in the DOJ Grants Financial 

Guide. 

3. Applicant's history of performance under OJP and other DOJ awards (including 

compliance with reporting requirements and award conditions), as well as awards from 

other federal agencies. 

4. Reports and findings from audits of the applicant, including audits under the Part 200 

Uniform Requirements. 

5. Applicant's ability to comply with statutory and regulatory requirements, and to effectively 

implement other award requirements. 

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

award decisions will be made by the Assistant Attorney General, who may take into account not 

only peer review ratings and NIJ recommendations, but also other factors as indicated in this 

section. 

F. Federal Award Administration Information 

Federal Award Notices 

Award notifications will be made by September 30, 2018. OJP sends award notifications by 

email through GMS to the individuals listed in the application as the point of contact and the 

authorizing official (E-Biz POC and AOR). The email notification includes detailed instructions 

on how to access and view the award documents, and steps to take in GMS to start the award 

acceptance process. GMS automatically issues the notifications at 9:00 p.m. eastern time on 

the award date. 

For each successful applicant, an individual with the necessary authority to bind the applicant 

will be required to log in; execute a set of legal certifications and a set of legal assurances; 

designate a financial point of contact; thoroughly review the award, including all award 

conditions; and sign and accept the award. The award acceptance process requires physical 

signature of the award document by the authorized representative and the scanning and 

submission of the fully-executed award document to OJP. 
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NIJ-2018-13833 

Administrative, National Policy, and Other Legal Requirements 

If selected for funding, in addition to implementing the funded project consistent with the OJPapproved application, the recipient must comply with all award conditions, as well as all 

applicable requirements of federal statutes and regulations (including applicable requirements 

referred to in the assurances and certifications executed in connection with award acceptance). 

OJP strongly encourages prospective applicants to review information on post-award legal 

requirements and common OJP award conditions prior to submitting an application. 

Applicants should consult the “Overview of Legal Requirements Generally Applicable to OJP

Grants and Cooperative Agreements - FY 2018 Awards,” available in the OJP Funding 

Resource Center at https://ojp.gov/funding/index.htm. In addition, applicants should examine the 

following two legal documents, as each successful applicant must execute both documents 

before it may receive any award funds. (An applicant is not required to submit these documents 

as part of an application.) 

 Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility

Matters; and Drug-Free Workplace Requirements.

 Certified Standard Assurances.

The webpages accessible through the “Overview of Legal Requirements Generally Applicable 

to OJP Grants and Cooperative Agreements - FY 2018 Awards” are intended to give applicants 

for OJP awards a general overview of important statutes, regulations, and award conditions that 

apply to many (or in some cases, all) OJP grants and cooperative agreements awarded in FY 

2018. Individual OJP awards typically also will include additional award conditions. Those 

additional conditions may relate to the particular statute, program, or solicitation under which the 

award is made; to the substance of the funded application; to the recipient's performance under 

other federal awards; to the recipient's legal status (e.g., as a for-profit entity); or to other 

pertinent considerations. 

General Information about Post-Federal Award Reporting Requirements 

In addition to the deliverables described in Section A. Program Description, any recipient of an 

award under this solicitation will be required to submit the following reports and data. 

Required reports. Recipients typically must submit quarterly financial reports, semi-annual 

progress reports, final financial and progress reports, and, if applicable, an annual audit report in 

accordance with the Part 200 Uniform Requirements or specific award conditions. Future 

awards and fund drawdowns may be withheld if reports are delinquent. (In appropriate cases, 

OJP may require additional reports.) 

Awards that exceed $500,000 will include an additional condition that, under specific 

circumstances, will require the recipient to report (to FAPIIS) information on civil, criminal, and 

administrative proceedings connected with (or connected to the performance of) either the OJP 

award or any other grant, cooperative agreement, or procurement contract from the federal 

government. Additional information on this reporting requirement appears in the text of the 

award condition posted on the OJP webpage at https://ojp.gov/funding/FAPIIS.htm.
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NIJ-2018-13833 

Data on performance measures. In addition to required reports, each award recipient also must 

provide data that measure the results of the work done under the award. To demonstrate 

program progress and success, as well as to assist DOJ in fulfilling its responsibilities under the 

Government Performance and Results Act of 1993 (GPRA), Public Law 103-62, and the GPRA 

Modernization Act of 2010, Public Law 111–352, OJP will require any award recipient, post 

award, to provide performance data as part of regular progress reporting. Successful applicants 

will be required to access OJP’s performance measurement page at www.ojp.gov/performance

to view the specific reporting requirements for this grant program. Performance measures are 

also listed in Appendix B: Performance Measures Table. 

Award recipients will be required to provide the relevant data by submitting semiannual 

performance metrics through NIJ’s online Performance Measurement Tool (PMT) located at 

https://nijpmt.ojp.gov/. 

G. Federal Awarding Agency Contact(s) 

For OJP contact(s), see the title page. 

For contact information for Grants.gov, see the title page. 

H. Other Information 

Freedom of Information Act and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a) 

All applications submitted to OJP (including all attachments to applications) are subject to the 

federal Freedom of Information Act (FOIA) and to the Privacy Act. By law, DOJ may withhold 

information that is responsive to a request pursuant to FOIA if DOJ determines that the 

responsive information either is protected under the Privacy Act or falls within the scope of one 

of nine statutory exemptions under FOIA. DOJ cannot agree in advance of a request pursuant 

to FOIA not to release some or all portions of an application. 

In its review of records that are responsive to a FOIA request, OJP will withhold information in 

those records that plainly falls within the scope of the Privacy Act or one of the statutory 

exemptions under FOIA. (Some examples include certain types of information in budgets, and 

names and contact information for project staff other than certain key personnel.) In appropriate 

circumstances, OJP will request the views of the applicant/recipient that submitted a responsive 

document. 

For example, if OJP receives a request pursuant to FOIA for an application submitted by a 

nonprofit or for-profit organization or an institution of higher education, or for an application that 

involves research, OJP typically will contact the applicant/recipient that submitted the 

application and ask it to identify -- quite precisely -- any particular information in the application 

that the applicant/recipient believes falls under a FOIA exemption, the specific exemption it 

believes applies, and why. After considering the submission by the applicant/recipient, OJP 

makes an independent assessment regarding withholding information. OJP generally follows a 

similar process for requests pursuant to FOIA for applications that may contain law-enforcement 

sensitive information. 
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NIJ-2018-13833 

Provide Feedback to OJP 

To assist OJP in improving its application and award processes, OJP encourages applicants to 

provide feedback on this solicitation, the application submission process, and/or the application 

review process. Provide feedback to OJPSolicitationFeedback@usdoj.gov. 

IMPORTANT: This email is for feedback and suggestions only. OJP does not reply from this 

mailbox to messages it receives in this mailbox. Any prospective applicant that has specific 

questions on any program or technical aspect of the solicitation must use the appropriate 

telephone number or email listed on the front of this document to obtain information. These 

contacts are provided to help ensure that prospective applicants can directly reach an individual 

who can address specific questions in a timely manner. 

If you are interested in being a reviewer for other OJP grant applications, please email your 

resume to ojppeerreview@l-secb.com. (Do not send your resume to the OJP Solicitation 

Feedback email account.) Note: Neither you nor anyone else from your organization or entity 

can be a peer reviewer in a competition in which you or your organization/entity has submitted 

an application. 
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NIJ-2018-13833 

Appendix A: Application Checklist 

Postconviction Testing of DNA Evidence 

This application checklist has been created as an aid in developing an application. 

What an Applicant Should Do: 

Prior to Registering in Grants.gov:

_____ Acquire a DUNS Number (see page 25) 

_____ Acquire or renew registration with SAM (see page 25) 

To Register with Grants.gov: 

_____ Acquire AOR and Grants.gov username/password (see page 26) 

_____ Acquire AOR confirmation from the E-Biz POC (see page 26) 

To Find Funding Opportunity: 

_____ Search for the Funding Opportunity on Grants.gov (see page 26) 

_____ Access Funding Opportunity and Application Package (see page 26) 

_____ Sign up for Grants.gov email notifications (optional) (see page 24) 

_____ Read Important Notice: Applying for Grants in Grants.gov

_____ Read OJP policy and guidance on conference approval, planning, and reporting 

available at ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.10a.htm

(see page 11) 

After Application Submission, Receive Grants.gov Email Notifications That:

_____ (1) application has been received 

_____ (2) application has either been successfully validated or rejected with errors 

(see page 26) 

If No Grants.gov Receipt, and Validation or Error Notifications are Received: 

_____ contact NIJ regarding experiencing technical difficulties (see page 27) 

Overview of Post-Award Legal Requirements: 

_____ Review the "Overview of Legal Requirements Generally Applicable to OJP Grants 

and Cooperative Agreements - FY 2018 Awards" in the OJP Funding Resource Center at 

https://ojp.gov/funding/index.htm. 

Scope Requirement: 

_____ The period of performance is within the requested limit of 24 months. 

Eligibility Requirement: see title page. 

What an Application Should Include: 

_____ Application for Federal Assistance (SF-424) (see page 12) 

_____ Project Abstract (see page 13) 

_____ Program Narrative (required) (see page 13) 

_____ 12-point standard font 

_____ 1” standard margins

_____ Narrative is 12 pages or less 

_____ Appendices (see page 15) 

_____ Curriculum vitae, resumes, or biographical sketches of key personnel (required) 
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NIJ-2018-13833 

_____ Bibliography/references 

_____ Tools/instruments, questionnaires, tables/charts/graphs, or maps 

_____ List of proposed project staff members 

_____ Project timeline 

_____ List of previous and current NIJ awards 

_____ Letters of support 

_____ Budget Detail Worksheet (required) (see page 16) 

_____ Budget Narrative (required) (see page 16) 

_____ Indirect Cost Rate Agreement (if applicable) (see page 19) 

_____ Financial Management and System of Internal Controls Questionnaire (see page 20) 

_____ Disclosure of Lobbying Activities (SF-LLL) (see page 20) 

_____ Additional Attachments 

_____ Applicant Disclosure of Pending Applications (see page 21) 

_____ Certification(s) as to Provision of Postconviction DNA Testing and Preservation 

of Biological Evidence (see page 22) 

_____ Legal Opinion as to Certification Under Section 413 of the Justice for All Act of 

2004 (34 U.S.C. § 40722 note)(“State” applicants only)

_____ Request and Justification for Employee Compensation; Waiver (if applicable) 

(see page 10) 

_____ NIJ Programmatic Coversheet and Checklist (see solicitation cover page)
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NIJ-2018-13833 

Appendix B: Performance Measures Table 

Objective Performance Measure(s) Data Recipient Provides

To help defray the costs 

associated with 

postconviction DNA testing in 

cases of violent felony 

offenses (as defined by State 

law) where DNA analysis 

might demonstrate actual 

innocence.

Percentage of target cases 

reviewed with grant funds.

Target number of cases to be reviewed 

with grant funds.

Number of cases reviewed by offense 

type (crimes that included a sexual 

component; crimes that resulted in the 

death of the victim).

Number of cases reviewed with grant 

funds.

Percentage of cases in 

which a search to locate 

evidence was conducted.

Number of cases in which an evidence 

search was conducted.

Percentage of cases that 

yielded biological evidence.

Number of cases in which biological 

evidence existed.

Number of cases in which biological 

evidence had been destroyed or was 

missing.

Percentage of cases 

subjected to DNA analysis.

Number of cases in which DNA analysis 

was performed.

Average number of pieces 

of evidence analyzed for 

cases subjected to DNA 

analysis.

Total number of pieces of evidence 

analyzed.

Percentage of evidence 

subjected to STR DNA 

analysis.

Number of STR DNA tests conducted.

Percentage of evidence 

subjected to mtDNA 

analysis.

Number of mtDNA tests conducted.

Percentage of cases 

subjected to DNA analysis 

that yielded a viable DNA 

profile.

Number of cases that yielded a viable 

DNA profile.
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NIJ-2018-13833 

Number of cases with DNA 

testing results

Number of cases for which DNA results 

supported the postconviction claim.

Number of cases for which DNA results 

contradicted the postconviction claim.

Number of cases for which DNA results 

were inconclusive with respect to the 

postconviction claim.

Number of profiles 

uploaded into the 

Combined DNA Index 

System (CODIS).

Number of profiles uploaded into 

CODIS.

Percentage of profiles 

resulting in a CODIS hit.

Number of matches resulting from 

profiles uploaded into CODIS.

Number of hours spent on 

case identification, case 

review, and evidence 

location.

Approximate number of hours spent on 

case identification, case review, and 

evidence location, respectively.
38

NIJ-2018-13833 

Appendix C: Certification Template 
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NIJ-2018-13833 

U.S. DEPARTMENT OF JUSTICE 

OFFICE OF JUSTICE PROGRAMS 

NATIONAL INSTITUTE OF JUSTICE 

FY 2018 Postconviction Testing of DNA Evidence 

On behalf of the State 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 murder or forcible rape, 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 murder or forcible rape 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 State and have authority to make this certification. I am aware that a 

false statement in this certification may be the subject of 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 or by the Department of Justice’s Office of the 

Inspector General. 

_______________________________

Signature of Certifying Official 

_______________________________ 

Printed Name of Certifying Official 

_______________________________ 

Title of Certifying Official 

_______________________________ 

Name of State 

_______________________________ 

Date 

Application Information: 

_______________________________ 

Name of Applicant (if applicant is not the above-named State) 
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NIJ-2018-13833 

Appendix D: Selected Statutes

(See the note regarding section 413 of Public Law 108-405 on page 23) 

Section 413 of the Justice for All Act of 2004 (Public Law 108–405), as amended by Public Law 

114-324 (the Justice for All Reauthorization Act of 2016) provides: 

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

For each of fiscal years 2017 through 2021, 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) for eligible entities that are a State or unit of local government, provide a certification by the 

chief legal officer of the State in which the eligible entity operates or the chief legal officer of the 

jurisdiction in which the funds will be used for the purposes of the grants, that the State or 

jurisdiction— 

(A) provides DNA testing of specified evidence under a State statute or a State or local 

rule or regulation to persons sentenced to imprisonment or death for a State felony 

offense, in a manner intended to ensure a reasonable process for resolving claims of 

actual innocence that ensures post-conviction DNA testing in at least those cases that 

would be covered by section 3600(a) of title 18, United States Code, had they been 

Federal cases and, if the results of the testing exclude the applicant as the source of the 

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

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

(B) preserves biological evidence, as defined in section 3600A of title 18, United States 

Code, under a State statute or a State or local rule, regulation, or practice in a manner 

intended to ensure that reasonable measures are taken by the State or jurisdiction to 

preserve biological evidence secured in relation to the investigation or prosecution of, at 

a minimum, murder, nonnegligent manslaughter and sexual offenses. 

18 U.S.C. § 3600(a), as amended by Public Law 114-324 (the Justice for All Reauthorization Act of 

2016), provides:

DNA testing 

(a) In general.—Upon a written motion by an individual sentenced to 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 sentenced to 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— 
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(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 

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. 

(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, 
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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. 

(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, as amended by Public Law 114-324 (the Justice for All Reauthorization Act of 

2016), 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 sentenced to 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) 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; 
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(2) (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 

(3) 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. 

(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. 
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Appendix E: Template for Legal Opinion as to Certification Under Section 413 of the 

Justice for All Act of 2004 (34 U.S.C. § 40722 note)(“State” applicants only)

(Instructions: The applicant State is to execute the legal opinion document by having its chief 

legal officer initial only one of the two options ((1) or (2)) and sign where provided. The 

applicant must also provide all of the information requested at the bottom of this template.)
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U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS

NATIONAL INSTITUTE OF JUSTICE

Legal Opinion as to Certification Under Section 413 of the Justice for All Act of 2004 (34 U.S.C. 

§ 40722 note)(to be completed by “State” applicants only)

By submitting this legal opinion on behalf of the State named below, I hereby represent the following to 

the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice—

(1) __________The State has reviewed the provisions of section 413 of the Justice for All Act of 

2004 (Public Law 108–405), as amended by Public Law 114-324, and has determined that it 

would be able to make the certification required under section 413 of the Justice for All Act of 

2004 (34 U.S.C. § 40722 note), as amended by Public Law 114-324, consistent with that law.

(2) __________The State has reviewed the provisions of section 413 of the Justice for All Act of 

2004 (Public Law 108–405), as amended by Public Law 114-324, and has determined that it 

would not be able to make the certification required under section 413 of the Justice for All 

Act of 2004 (34 U.S.C. § 40722 note), as amended by Public Law 114-324, consistent with 

that law. 

_______________________________

Signature of Chief Legal Officer of Applicant State

_______________________________

Printed Name of Chief Legal Officer of Applicant State

_______________________________

Title of Chief Legal Officer of Applicant State

_______________________________

Name of State

_______________________________

Date