HomeMy WebLinkAboutAgreement A-17-631 with National Institute of Justice.pdfU.S. Department of Justice
Offic e o f Justic e Programs
Nationa l Institute of Justice
I. RECIPIENT NAME AND ADDRESS (I ncluding Zip Code)
Fresno County Sheriff Department
2200 Fresno Street
Fresno, CA 93 72 1
2a. GRANTEE IRSNENDOR NO.
946001512
2b. GRANTEE D UNS NO.
613665769
3. PROJECT TITLE
FY 2017 DNA Capacity Enha ncement and Bac k log Reduc tion Program •
Fresno County S he r iffs Office Forensic La boratory
12. SPECIAL CONDIT IONS
Agreement No. 17-631
PAGE I OF 16
Grant
4. A WARD NUMBER : 2017-DN-BX-0005
5. PROJECT PERI OD: F ROM
BUDGET P E R IOD: FROM
6. AW A R D DA T E 09/29/20 17
8. SUP PLEMENT NUMBE R
00
9. P REVIOUS A WA R D AMOUNT
10. AMOUNT O F T HIS AWARD
I I. TOTAL AWARD
0 1/0 1/2018 T O 12/3 1/20 19
0 1/0 1/20 18 T O 12/31/2019
7.ACTION
Initial
so
$212,747
$212,747
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CO N DITIONS O R LIMITATIONS AS ARE SET FORTH
ON TH E A TT ACHED P AGE(S).
13. STATUTORY AUTHO RITY FO R GRANT
This project is supponed under FY I 7(NU -S&LLEA D NAfOther Forensics) Pub. L. No. 11 5-31, 131 Stat. 135, 204; 28 USC 530C
14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.74 1 -D NA Backlog Reduct ion P rogram
I 5. METHOD O F P AYM ENT
GPRS
AG ENCY APPROVA L GRANTEE ACCEPTANCE
16. T YP ED NAME AND TITLE OF A PPROVING O F FICIAL 18. TYP ED NAM E AND T IT LE OF AUTHORIZE D GRANTEE OFFIC IAL
Alan R . H anson
Acting Assistant Attorney General
17. SIGNATURE OF APPROVING OFFIC IAL
Brian Pac heco
C hairma n
AGENCY USE ONLY
20. ACCOUNTING C LASSIFICATION CODES 21 . S DNSGT 003 !
FISCAL FUND BU D. DIV.
YEAR COD E ACT. OFC. REG. S U B. PO MS AMOUNT
X B DN 60 00 00 2 12747
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE .
OJP FORM 4 000/2 (REV. 4-88)
ATTEST:
BE RNI C E E . SEIDEL
Clerk to the Board of Superv isors
County of Fresno, State of California
By ~~~~Q:i,)
Deputy
19A. DATE
U.S. Departm ent of Ju st ic e
Offi ce o f Justice Program s
National Institute of Justice
PROJECT NUMBER 20 l 7-DN-BX-0005
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 09/29/2 01 7
SPECIA L CONDITIONS
I . Requi re ments of the award ; remed ies for non-compli ance or for materi all y fa lse statements
PAGE 2 OF 16
The conditio ns of this award are materi al requirements of th e award . Comp liance with a ny certifi cations o r assurances
submitted by o r on behalf of the rec ipi ent that relate to conduc t d uri ng the peri od of pe rform ance a lso is a materi al
requirement of this awar d .
Failure to comply w ith any o ne o r more of these award requirements --wheth er a cond ition set o ut in fu ll below, a
cond itio n incorporated by re ference below, or a certificatio n or assurance re lated to conduct during th e award peri od --
may res ult in th e O ffice o f Justi ce Programs ("OJP") taking appropriate action with respect to the recipient and the
award. Among other things, the OJP may w ithho ld award fun ds, d isallow costs, or suspend or terminate the award.
The Department of Justice ("DOJ"), incl ud in g OJP, a lso may take o th er legal actio n as appro priate .
Any materiall y fa lse, fictitio us, or fraudulent statement to the federa l government related to this award ( or con cealm ent
or o mi ssion o f a material fac t) may be the s ubject of crim ina l prosecutio n (i ncluding under 18 U.S.C . I 00 I and/or 1621,
and/or 42 U.S.C. 3795a), a nd also may lead to imposition of civil penalties and admini strative remedies for fa lse c laim s
or otherwise (including un der 3 1 U.S.C . 3729-3730 and 3801-38 12).
Shoul d any provision o f a req ui rement o f thi s award be he ld to be in valid or unen forceable by its terms, that provis ion
shall fi rst be appl ied w ith a limited construction so as to give it the maxi mum e ffect permitted by law. Shou ld it be
held, instead , that the provision is utterl y invali d or -unen for ceable , such prov isio n sha ll be deemed severab le fro m this
award.
2. App li cabil ity o f Part 200 Uniform Requi re ments
The Uni fo rm Administrative Requi remen ts, Cost Principles , and Aud it Requirements in 2 C.F.R. Part 200, as adopted
a nd supplemented by DOJ in 2 C.F.R. Part 2800 (togethe r, the "Part 200 Uniform Req ui re m ents") appl y to th is FY
20 17 award fr o m OJP .
The Part 200 Uni form Requirements were first adopted by DO J on December 26, 20 14. I f th is FY 2017 award
supp le ments funds previous ly award ed by OJP under the same award number (e.g ., funds awarded during o r before
December 20 14), the Part 200 Uni form Requ irements appl y w ith respect to all fu n ds under that award num ber
(regard less of the award date , and regard less of whether derived fro m the in itia l award or a supplemental award ) that
are obl igated o n or after the acceptance date of thi s FY 20 17 award.
For more in formatio n and resources on th e Part 200 Uniform Requirements as they relate to OJP awards and su bawards
("subgrants"), see the OJP website at https://oj p.gov/funding/Part200Uni fo rmRequiremen ts.htm .
In the event that an award-related question ari ses fro m documents or other materials prepared or distributed by OJP
that may appear to confli ct with, or d iffer in some way from, the provis ions of the Part 200 Uniform Requi remen ts, the
recipient is to contact OJ P promptl y fo r c larification.
3 . Compli ance with DOJ Grants Fin anc ia l G uide
The recip ie nt agrees to compl y w ith the DOJ Grants Fi nanc ial Guide as posted on th e OJP webs ite (currently, th e "20 15
DOJ Grants F inancia l G uide" avail able at https://oj p .gov/financ ia lguide/DOJ/index.htm), including any updated ve rs ion
that may be posted d uri ng the period of performance.
OJP FORM 4000/2 (REV . 4-88)
U.S. Departme nt of Justice
Offi ce of Jus tice P rograms
National Institute of Justice
PROJECT NUM BER 20 17-DN-B X-0005
AW ARD CONTINUATION
SHEET
Grant
AWARD DATE 09/29/201 7
SPECIAL CON DITIONS
4 . Required training fo r Po int of Contact and all Financial Poin ts of Contact
PA GE 3 O F 16
Both th e Poi nt of Contact (POC) and a ll Financia l Points of Co n tact (F POCs) for thi s award must have success fully
co mp leted an "OJP fi nancial management and grant admini stration train ing" by 120 days after the date of the
reci pi ent's accep tance of the award . Success ful completion of s uch a trai ning on or after January I , 2015 , will sati sfy
this condition.
In the event that either the POC or an FPOC for this award changes during th e period of performance, the new POC or
FPOC must have s ucc ess full y completed an "OJP financial man agement and gran t admini s tration traini ng" by 120
calendar days after--(I ) the date o f OJ P's appro va l of the "Change Grantee Contact" GAN (in the case of a new
POC), or (2) the date the POC en ters information o n the new FPO C in GMS (in the case of a new F POC). Successful
compl etion of s uch a training on o r afte r January I, 20 15, will satis fy thi s conditio n.
A li st of OJP trainings th at OJP wi ll cons ider "OJP fin ancial management and gran t admini strat ion training" for
purposes of this condition is avai lable at https ://www.ojp.gov/training/fmts.htm. All tra inings that satisfy th is condition
incl ude a session on g rant fraud prevention and detection.
The recipient s hould a nticip ate that OJP will immediatel y w ithho ld ("freeze") award fund s if the recipient fail s to
comply with this conditio n. The rec ip ien t's failure to co mpl y also may lead OJP to impose add itional appropriate
conditio ns on this award.
5. Requirements related to "de minimi s" indirect cost rate
A reci pi ent that is eligibl e und e r the Part 200 Uni form Requirements and other appl icable law to use the "de mi nimis "
ind irect cost rate described in 2 C.F.R. 200.4 14(f), and that elects to use the "de mi nimis" in direct cost rate , m us t advise
OJP in writing of both its eli gibility and its election, and mus t co mply with all associated requ iremen ts in th e Pa rt 200
Un iform Requirem ents. The "de minimi s" rate may be ap pli ed onl y to modified to ta l direct costs (MTDC) as defined
by the Part 200 Uni form Requirements.
6 . Req uiremen t to report potentiall y dupli cati ve fun ding
Jfth e recipie nt curren tl y has other acti ve awards of federa l funds , or if the recipient receives any other award of fe deral
funds during th e period of performance fo r thi s award, the recipi ent promptly m us t determ in e whether funds from any
of those other federal awards ha ve been, are be ing, or are to be us ed (in whole o r in part) for o ne or mo re of the
iden tical cost ite ms fo r whi ch funds are pro vided under thi s award. l f so, the rec ipi ent must promptly notify the DOJ
awarding agency (OJP o r OVW, as appropriate) in w riting of th e potential duplicati on, and, if s o reques ted by the DOJ
awarding agency, must s eek a b udget-modifi catio n or change-of-project-scope gran t adj ustment notice (GAN) to
el imi nate any inappropriate dupli cation of fundin g.
OJP FORM 4000/2 (REV. 4-88)
U .S . Department of Just ice
Offi ce of J us ti ce Programs
National Institute of Justice
PROJEC T NUMB ER 20 17-DN-BX-0005
AWARD CONTINUATION
SHEET
Grant
A WA RD DAT E 09/29/20 17
S PEC IAL CO N DITIONS
7. Re qui reme nts re lated to System for Award Manageme nt and Uni versal Identifier Requirem e nts
PA GE 4 OF 16
T he rec ipien t m us t comply with app licable requiremen ts re gardin g the System fo r Award Manageme~t (S AM),
cu rre ntly access ible at https ://www .sam .gov/. T hi s inc lu des appli cable req uirements regarding regi stration w ith SAM,
as we ll as ma in taini ng the c urrency of info rmation in SAM .
Th e recipie nt al so must comply with applicable restrictions o n subawa rds ("subgrants") to fi rst-tier su brec ip ien ts
(fi rst-tier "subgrantees"), including restric ti o ns o n s ub awards to enti ties th a t do not acq ui re and provide (to the
recipient) the u nique entity identi fie r required for SAM regis trati on.
The detail s of the rec ipient's obli gations re lated to SA M and to uniq ue enti ty identifi ers are po sted on the OJ P web s it e
at https ://ojp .gov/fu nd ing/Explore/SAM.htm (Award cond ition : System for Award Management (SA M) an d Universal
Iden tifi er Req uire ments), and are in corporated by re ference here .
This condit ion does not apply to an award to an indi vidual who received the award as a natu ra l person (i.e., umelated to
any bus iness or non-profit o rganization that he or s he may own or o perate in his or her nam e).
8. All s ub awa rds ("s ub gran ts ") m ust have speci fi c federal a uth ori zation
Th e rec ipi ent, and an y s ub rec ipient ("subgrantee") at any tier, m us t comply wi th all applicable requirements for
authorizatio n of any s ub award . T hi s conditio n applies to agreements t hat --fo r p urposes of federa l grants
adm ini s trative requirements --OJP cons iders a "subaward" (and therefore do es not consid e r a p rocu rement
"contract").
The detail s of the req ui rement fo r authoriz atio n o f any subaward are posted on the OJP web site at
https ://ojp.gov/fund in g/Ex pl ore/SubawardAut horization.htm (Award condition: All s ubawards ("subgrants") m us t have
spec ific fed era l authorizat ion), and are in corpo rated by reference here.
9. Specific pos t-award approva l required to use a noncompetiti ve app roach in an y proc ure ment contract that wou ld
exceed $150,000
The recip ient , an d an y subrec ipient ("subgran tee") at any tier, must comp ly with a ll appli cab le requirements to obtai n
specifi c adva nce approval to use a no ncompetitive approac h in any p rocure ment cont ract that woul d exceed the
Si mplifi ed Acquisition Thre shold ( c urrently, $150,000). This conditio n applies to agreemen ts that --fo r p urposes o f
federal gran ts admini strative req uire men ts -- OJ P considers a proc urement "con tract" (and therefore does no t cons ider
a su ba ward).
The detail s o f th e requireme nt for advance app roval to use a noncompet itive approac h in a p roc urement contract under
an OJ P award are posted on th e OJP web site at https://oj p.go v/fun d ing/E xplo re/NoncompetitiveProc urement.htm
(Award condition : Spec ific post-award approval required to use a no ncompetitive approach in a procurement contrac t
(i f co ntract wo uld exceed $150,000)), and are in corporated by refere nce here.
OJP FO RM 4000/2 (R EV. 4-88)
U.S. Department of J usti ce
Office o f Justice Programs
National Institute of Justice
PROJECT NUMB ER 2017-DN-BX-0005
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09129/2017
SPECIAL CONDITIONS
PAG E 5 OF 16
I 0. Requi re ments pertaining to prohib ited conduct related to tra fficking in persons (including reportin g req uirem ents and
OJP authori ty to terminate award )
The rec ipient, and any subrecipi ent ("subgrantee") at any tier, must comp ly with all appl icable requirements (i ncludin g
requirements to report all egations) pertaining to prohi bited conduct related to the tra ffic ki n g o f person s, whether on the
part of recipients, subrecip ients ("subgrantees"), o r individ ua ls de fi ned (for purposes of this condition) as "employees"
of the recipient or of any subrecipi en t.
The detai ls of the rec ip ient's obligations re lated to prohibited co ndu ct related to tr affi ckin g in persons are posted o n the
OJP web site at htrps ://ojp.gov/fu nd in g/Explore/Prohib itedConduct-Traffi ckin g.htm (Award co ndition: Prohibited
conduct by recipients and s ubrecipients related to trafficking in perso n s (including re porting requ irements and OJP
a uthority to te rminate award)), a nd are incorporated by reference he re.
11 . Compliance w ith appli cable rul es regarding approval, planning, and reporting of co n fe rences, meetings, traini ngs , and
other events
The recipi ent, and any subrec ipient ("subgrantee") at any tier, must comply w ith a ll app li cable laws, reg ul atio n s,
pol icies, and official DOJ g uidance (includi ng spec ific cost limits, prior approval and reporting requirements, wh ere
applicable) governing the use of federa l funds for expenses related to conferences (as that term is defi n ed by DOJ ),
includin g the provi sio n of food and/or beverages at s uch confe rences, and costs of attendance at s uch con feren ces.
Informatio n o n the pertinent DOJ d efini tion o f conference s and the rules appl icable to thi s award appears in the DOJ
Grants Fi nancial G ui de (currently, as section 3 .10 of "Postaward Requirements" in the "20 15 DOJ Grants Financia l
Guide").
12. Requirement for data on performance and effecti veness under th e award
T he recipient must collect and maintain d ata that meas ure the performance and effecti veness of work under thi s award.
The data must be provided to OJP in the manner (includin g within the ti meframes) s pecifi ed by OJP in the program
solic itation or other appli cable written g uidan ce. Data coll ection s up ports compliance w ith th e Government
Performance and Res ults Act (GPRA) and th e G P RA Modernization Act of 20 10 , and other applicable laws.
13 . OJP Training G uiding Princ iples
Any training or training materials that th e recipient --or any subrecipient ("subgrantee") at a ny tier --develops or
de li vers w ith OJP award fund s must adhere to the OJP Trai ning Guidin g Princ iples for Grantees and Su bgrantees,
ava il able at htrps ://ojp.gov/fun ding/ojptrainingguidingprin ci ples.htrn .
14 . Effect of failure to address audit iss ues
The recipient understand s and agree s that the DO J awarding agency (OJP or OVW, as appropri ate) may with hold
award funds, o r may impose other re lated requirements, if (as determin ed by th e DOJ awardi ng agency) the rec ipi en t
does not satis factori ly a nd promptly address outstanding issues fro m audits required by the Part 200 U ni form
Requirements ( or by th e terms of this award), o r other outstanding issues that ari se in conn ection with audits,
investigations, or rev iews of DOJ awards.
15 . Potential impositio n of additional requirements
The rec ipient agrees to compl y with any add itio na l requi rements that may be imposed by the DOJ awarding agency
(OJP or OVW, as appropriate) during the peri od o f performance for th is award, if the rec ipi ent is designate d as "hi gh-
risk" for purposes o f the DOJ high-risk grantee li st.
OJP FORM 4 000/2 (REV. 4-88)
U.S. Department of Ju stice
Office of Justice Program s
National Institute of Justice
PROJECT NUMBER 2017-DN-BX-0005
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 09/29/2017
SPECIAL CONDITIONS
16. Comp li ance with DOJ reg ulations pertaining to civ il rights and nondiscri mination -28 C.F.R. Part 42
PAGE 6 OF 16
The recipient, and any s ubrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28
C .F.R. Part 42, specifically including any app licable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an
equa l emp lo yment opportunity program.
17. Compliance with DOJ regul ations pertainin g to c ivil rights and nondiscrimination -28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, m ust comply with all applicable requirements of28
C.F.R. Part 54 , which relates to nondiscriminat ion on the basis of sex in certain "education programs."
18. Compl iance with DOJ regu lations pertaining to c ivi l rights and nondiscrimination -28 C.F.R. Part 38
The recipi ent, and any s ubrec ipient ("subgran tee") at any tier, must comply with a ll applicable requirements of 28
C .F.R. Part 38, specifically inc ludin g any applicable requirements regardi ng written notice to program benefic iaries and
prospective program benefic iaries. Part 38 of28 C.F.R., a DOJ regul at ion, was amended effective May 4, 2016.
Among other things, 28 C.F.R. Part 38 in c ludes ru les that prohibit specific forms of discrimination on the basis o f
re ligion, a religious belief, a refusa l to hold a reli gious belief, or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and req ui rements that perta in lo rec ipient and subrecip ient ("subgrantee") organ izations that
engage in or conduct explic itly rel igious activities, as well as rules and req ui reme nts that pertain to recipients and
subrec ip ients that are faith-based or reli gious organi zations.
The text of the regulation, now entitled "Partnership s w ith Faith-Based and Other Neighborhood Organizations," is
avai lab le via the Electronic Code of Federal Regulations (currently acce ssible at https://www.ecfr.gov/cgi-
bin/ECFR?page=browse), by browsi ng to Title 28-Judicial Admi ni stration , Chapter I , Part 38, under e-CFR "current"
data.
19. Restrictions on "lobbying"
In general , as a matter of federa l law , federa l funds awarded by OJP may not be used by the rec ipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
mod ification , or adoption of any law , regul ation, or policy, al any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute spec ifi cally authorizes certain activ itie s that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at an y tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress ( or an official or employee of any of the m) with respect to the awardi ng of a federal grant or
cooperative agreement, subgrant, contract, s ub contract, or loan, or with res pect to actions such as renewing, extending ,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, includ in g an exception that
appl ies lo Indian tribes a nd tribal organizations .
Shoul d any question arise as to whether a particular use of federa l funds by a recipie nt ( or subrecipienl) would or might
fa ll within th e scop e of these prohibitions, the recipient is to contact OJP for g uidance, and may not proceed w ithout the
express prior written approval of OJP .
OJP FORM 4000n (REV. 4-88 )
U.S. Department of J us ti ce
Office of Justice Program s
National Institute of Justice
PROJECT NUMBER 20 17-DN-BX -0005
A WARD CONTINU ATION
SHEET
Grant
AWARD DATE 09/29n.0l7
SPECIAL CONDlTIONS
20. Comp li a nce with ge neral ap propri ations-law restri ct ions o n the use of federal fun ds (FY 2017)
PAGE 7 OF 16
The recip ie nt, and any sub recipien t ("subgrantee") at an y tier, must comply w ith a ll appl icable restrictions on the use of
fede ral fu nds set out in fede ra l approp ri ations statutes. Pertinent re strictions, in cluding from vari ous "general
prov isions " in the Consol ida ted App rop riations Act, 20 17, are s et out at
https ://oj p.gov/fundi ng/Ex plore/FY 17 AppropriationsRestrictions.h tm, a nd are incorpo ra te d b y reference here.
Sho uld a q uestio n arise as to w hether a part ic ul ar use of federa l fun ds by a recipient ( or a su brecipient) wo ul d or m ig ht
fa ll w ithi n the scope of an app ropri ati ons-law restriction, the recipi ent is to contact OJP fo r g ui dance, an d may not
proceed without the express prior wri tten approva l of OJP .
21. Reporting po tential fra ud, waste, and abuse, and s imilar misconduct
The recipient, and an y subrecipie nts ("s ubgrantees") at any tier, must promptly re fer to the DOJ Offi ce of the In specto r
Ge nera l (OIG) any credi ble evidence th at a princ ipal, e mpl oyee, agent, s ub rec ip ie nt, contractor, s ubcon tractor, or oth er
pe rson has, in conn ection with funds und er this award--(1) s u bmitted a clai m that violates the False C la im s Act; or (2)
committed a crimina l or civil violation of laws pertaining to frau d , con flict of interes t, bribery, gratu ity, or sim ilar
mi sconduct.
Potential fra ud, waste , abuse, or mi sconduct involving o r re lating to fun ds un der this award s hould be reported to the
O IG by--(I) ma il directed to: Office of th e Inspecto r General, U.S. Department of Justi ce, Investigations D ivis ion,
950 Pe nnsylvania Aven ue , N .W. Room 4706, Washing ton, DC 20530; (2) e -ma il to: oig.hotlin e@ usdoj .go v; an d/or (3)
the DOJ O IG hotlin e: (contact informatio n in Engli sh and Spanis h) at (800 ) 869-4499 (pho ne) or (202) 616-9881
(fax).
Additio nal in formation is available from the DO J O IG webs ite at https ://www.usdoj.gov/oig.
OJP FORM 4000/2 (R EV. 4-88)
U.S. Department of Just ice
Office of Justice P rograms
National Institute of Justice
PROJECT NUMBER 2017-DN-BX-0005
A WARD CONTINUATION
SHEET
Grant
AWARD DAT E 09/29/20 17
SPECIAL CONDITIONS
22 . Restri cti ons and certifications regarding non-di sclosure agreements and related m atters
PAGE 8 OF 16
No recipient or subrec ipi ent ("subgrantee") under thi s award , or entity that receives a procuremen t contract or
subcontract with any funds under thi s award , may require any emp loyee or contractor to sign an internal confid entiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit o r restrict, the reporting (in
accordance with law) of waste , fra ud, or abuse to an investigative or law enforce ment representative of a federal
d epartment or agency autho rized to receive such informatio n .
The forego in g is not intended, and shall not be understood by the agency making thi s award , to contravene
requi rements applicable to Standard Form 3 12 (which re lates to classifi ed information), Form 4414 (which relates to
sens itive compartmented in formation), or any o ther form issued by a federa l departm ent or agency govern ing the
nondi sclosure of classified information.
1. In accepting this award , the recipi ent--
a. represents that it neither requires nor has required in ternal confidentiality agreements or s tatements from employ ees
o r contractors that c urrentl y proh ibit or otherwi se c urrently restrict ( or purport to prohibit or restrict) employees or
contractors from reporting waste , fra ud, or abuse a s descri bed above; a nd
b. certifies that, if it learns or is notified that it is o r has been requiring its employees or contractors to execute
agreements or statements that prohibit o r otherwise restrict ( or purport to prohibit or restrict), reporting of waste, fraud ,
or ab use as d escribed above, it will immediate ly stop any furth er obli gations of award fund s, will provide prompt
written no tificatio n to the federa l agency makin g this award , and will resum e (or permit resu mption ot) such
obl igations only if expressly authorized to do so by that agency .
2. If the rec ipient does or is a uthorized under thi s award to make subaward s ("subgrants"), procurement contracts, or
both--
a. it represents that--
( 1) it has determined that no other entity that the recipi ent's a pplication proposes may o r w ill receive award funds
(whether thro ugh a subaward ("subgrant"), procurement contract, or subcontract under a procuremen t contract) eith er
requires or has requi red in ternal confidentiality agreements or statements fro m emplo yees or contractors that currently
prohibit or otherwise currently restrict ( or purport to prohib it o r restri ct) employees or contractors from reporting waste,
fraud, or ab use as descri bed above; and
(2) it has made appropri ate inqui ry, o r otherwise has an adequate factua l basis, to s upport this representation; a nd
b. it certi fi es that, if it learns or is notified that any subrecipient, contractor, o r subcontractor en tity that receives fu nds
under thi s award is or has been requ iri ng its employees or contractors to execute agreemen ts o r statemen ts th at p rohibit
o r otherwise restrict (or purport to prohibit o r restrict), reporting of waste, fra ud, or abuse as described above, it will
immediately sto p any furthe r obli gations of award funds to or by that entity, w ill provide prompt wri tten notification to
the federa l agency maki ng thi s award, and w ill resume ( or perm it resumption ot) such obli gations only if expres sly
authorized to do so by that agency.
OJP FORM 4000/2 (REV. 4 -88)
U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
PROJECT NUMBER 2017-DN-BX-0005
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 09/29/2017
S P ECIAL CONDlTIONS
23. Comp liance w ith 41 U.S.C. 4 7 12 (inclu d in g prohibitions on reprisal; notice to e mployees)
PAGE 9 OF 16
The recipi ent (and any subrecipient at an y ti e r) must comply with, and is subject to , all appl icab le provisions of 4 1
U.S.C. 4712, including all applicable p rovis ions that prohibit, under specified c irc umstances, di scrimi n at ion again st an
employee as reprisal fo r the empl oyee's d isclosure of in format ion related to gros s mi s managemen t o f a federal grant, a
gross waste o f fe d era l fun ds , an abuse of a uthori ty relatin g to a fede ral grant, a substan tial and specific dan ger to pub lic
hea lth o r safety, o r a v io la t ion o fl aw, rul e , or regu lation related to a fe d eral grant.
The recip ient a lso must inform its emp loyees, in wri tin g (and in the predominant native language of th e workforce), of
employee rights and remedi es under 4 1 U.S.C. 47 12.
Shou ld a q uestion arise as to the applicabil ity of the prov isio ns of 41 U .S.C. 47 12 to th is award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appro priate) fo r guidance.
24. Encouragement of po li cies to ban tex t messaging while dri ving
P ursuant to Exec utive Order 13513, "Federal Leadership on Reducin g Text Messaging While Dri vin g ," 74 Fed. Reg.
5 1225 (Octobe r I , 2009), DO J encourages recipi ents and subrecipients ("subgrantees ") to adopt and e n force policies
bann in g empl oyees fro m text messaging whi le driving any vehic le d u ri ng the course of pe rfo rmi ng work funded by this
award , and to establish workp lace safety po l ic ies and cond uc t educat io n , awaren ess, and other o utreach to decrease
crashes caused by d istracted dri vers .
25. Requi re ment to d isc lose whether rec ipient is des ignated "hig h ris k" by a fe d era l grant-making age ncy o utside of DOJ
If the recipient is designated "high ri sk" by a fede ra l grant-mak ing agency outside o f DOJ , currently o r at any time
duri ng the course of th e period of performance under this award, th e recipien t must disclose that fact and certa in related
informat ion to OJP by emai l at OJP.Co mpliance Reporting@oj p.usdoj .gov. For purposes o f th is disclos ure , high risk
includes any status under which a fe deral award ing agency prov ides addi t io na l oversigh t du e to the recipient's past
perform ance, or o th er programmatic o r fi nancia l concerns w ith the recipient. The recipi ent's disclo s ure mu st inc lude
the fo ll owing : I . Th e federa l award in g age ncy th at currently designates the recipi ent hig h risk, 2 . The date the recipi ent
was des ignated hi gh ri sk, 3. T he high-ri sk point of contact at that fede ra l awardi ng agency (name, phone n umber, and
email address), and 4 . The reasons fo r the hi gh-ri sk status, as set out by the federal awardin g agency.
OJP FORM 4000/2 (R EV. 4-88)
U.S . Departmen t of J ustice
Office of Justice Programs
National Institute of Justice
PROJECT NUM BER 2017-DN -BX-0005
A WARD CO NTI NUATION
SH EET
Grant
AWARD DA TE 09/29/2017
SPECIAL COND ITIONS
26 . Pri vacy; qua li ty ass urance; CO DI S/NDlS
PAGE 10 OF 16
T he recipient sha ll ensure that each DNA analysis co nducted and DNA profi le generated under thi s award is
maintain ed purs uant to a ll applicable Federal privacy requirements, includin g those de scri bed in 42 U.S.C. section
14132(b)(3).
T he rec ipient shall ensure that all forensic DNA analyses conducted with fu nding under this award are performed e ither
(1) b y accred ited government-owned labo ratories, or (2) through accredited fee-for-service ve ndors. Accreditatio n
m ust be by a nonprofit p rofess io na l association of persons active ly in vol ve d in forens ic science that is nationa ll y
recogni zed within the forensic science comm unity.
The recipient shall ensure that any laboratory that conducts forensic DNA analyses under this award undergoes e xternal
aud its, not less than o nce every two years, that demonstrate compliance with the Quality Assurance Standards fo r
Forensic DNA Testi ng Laboratories establi shed by the Director of the Federal Bureau of In ve s tigation.
The rec ipie nt shall ensure t hat a ll eli gible fo ren s ic DNA profiles obtained w ith fu nd ing under th is award w ill be entered
into th e Combin ed DNA Index System (CODIS), and , whe re appli cable, uploaded to the National DNA Index System
(NDIS). No profil es generated with funding from thi s award may be entered into any non-governmental database
w ithout prio r express w ri tten app roval from N!J.
If any government-owned foren sic laboratory that will receive fu n d ing under this award to conduct forens ic DNA
analyses is not a member of N D IS , t he laboratory must have a written agreement in place with an N DI S-participating
laboratory for the resul ting el igible forens ic DNA profi les to be entered into CO DI S, and, where applicable, uploaded
in to NDIS.
If the re cip ient operates a state-desig nated DNA database laboratory, the recipient shall ens ure that analyses of DNA
database samples and reviews of associated DNA profiles cond ucted w ith fund ing under this award are performed by a
laboratory that ( 1) is accredited by a non profit professional association of persons actively involved in fore nsic science
tha t is nationall y recognized within the forensic science communi ty; and (2) undergoes extern al audits, not less than
once every two years , that demonstrate com pliance with the requi remen ts of the Qua lity Ass urance Standards for DNA
Databasing Laboratories establ ished by the Directo r of the Federal Bureau of Investigation. The recipi ent shall ensure
that any DNA database sam ples ana lyzed wit h funding under this award are analyzed fo r all 20 COD IS core STR loc i,
us ing commercia ll y a vailable PC R kits accepted by NDIS. T he recipient shall also ensure that a ll profi les obtained
from DNA database samples with fund ing from this award are entered in to CODI S w ith in 90 days of comp let ion of
ana lysis , and up loaded into N DIS .
Th e recipien t agrees to no ti fy N !J promptly upon any change in the accreditation status of any of the forensic sc ience
laboratori es that receive funding under this award , or their participation in ND JS.
27. No research; nonsuppl an ting of State or local government funds
The re c ip ient sha ll ensure that none of th e funds provided un der this award are used for research o r statis tical proj ects
or activities as de fi ned b y 28 CFR Part 22 or for research as defi ned by 28 CFR Part 46. An y questions concernin g
this provision should be directed to the N IJ program manager for the award.
The rec ip ient shall ens ure that Federal funds made available through this award wi ll not su pplant State or local
government fund s, but ins tead w ill be used to increase the amo un t of fund s that woul d, in the absence of Federal funds,
be avail able fro m State or local gove rnment sou rces for activities funded through this award .
The recipient agrees to no tify N IJ prom ptly if th e recipient receives new State or local government fu nding for an y of
the purposes incl uded in the approved app li catio n for this award.
OJP FORJvf 40 00/2 (REV. 4-88)
U.S. D epartment of Justice
Office of Justice Programs
N ational In stitute o f Just ice
PROJEC T NUM BER 2017-DN -BX-0005
A WARD CO NTINUATION
S HEE T
Grant
AWARD DATE 09/29n 0l7
SPECIAL CONDITIONS
PAGE II OF 16
28 . The recipient agrees to noti fy N IJ promptly up on any significant reduction in the recipient's est imate of the number of
backlogged forensic DNA cases that wi ll be analyzed within twenty-four months using th e funds provided under this
fi scal year 2017 award, above and beyond those that will be analyzed using fund s from oth er so urces.
If applicab le, the recipient agrees to notify N IJ promptly upon any s ignificant reductio n in the rec ipi ent's estimate of
the number of DNA database samples that will be ana lyzed, or assoc iated DNA profi les rev iewed , within twenty-four
months us ing the funds provided under th is fisca l year 2017 award, above and be yond those that can be analyzed or
reviewed using funds from other sources.
29. The rec ip ient understands and agrees that gross income (re venues) from fees charged for DNA testing services
constitutes program income (in whole or in part), and that program income must be determ in ed, u sed, and documented
in accordance with the provis ions of2 C.F.R. 200 .307, including as appli ed to the N IJ DNA Capacity Enhancemen t and
Backlog Reduction Program by the Department of Justi ce (DOJ) Grants Financial Guide, as it may be revised from
time to t ime . The recipient further understand s and agrees that both program income earned during the award pe riod
and expenditures of such program income must be reported on the q uarterly and fi n al Federal Financia l Reports (S F
425) and are subj ect to a udit.
The recipient understands and agrees that program income earned during the award period only may be ex pended only
for permissible uses of funds specificall y ident ified in the solicitation for the N IJ FY 20 17 DNA Capacity Enhancem ent
and Backlog Reduction Program . The recipient further understands and agrees that program income earned duri n g the
award period may not be used to s upplant State or local government fund s, but in stead may be used only to in cre ase the
amount of funds that would , in the absence of Federal funds or program income, be available from State or local
government sources fo r the permi ssib le uses of funds l isted in the FY 20 17 program solicitation .
The recip ient unde rstands and agrees that program incom e that is earned during the fi n al ninety (90) days of the award
period may, if appropriate, be obl igated (as well as expended) for pe rmissible uses during the ni n ety-day (90-day)
period following the end of the award period. The recipient further und erstan ds and agrees that a ny program income
earned during the award period that is not obligated and expended within ninety (90) da ys of the end of the award
period must be returned to OJP.
30. The recipient understands and agrees that, throughout the award peri od, it must promptly notify N U if it eith er starts o r
stops chargi ng fees for DNA testing services, o r if it revises its method of allocating fees received for DNA testing
services to program income . Notice must be provided in writing to the NIJ program manager for the award with in ten
( I 0) busi ness days of implementation o f th e change.
3 1. Absent prior express wri tten approval from N IJ , rates for any lodging charged to the award may not exceed the posted
GSA rate for the locati on. (If the recipient opts to obtain lodging at a hi gher rate, the cost differential , including
associated taxes, may not be charged to the award.)
32. The rec ipient agrees that it will submit quarterly financ ial status reports to OJP on -lin e (at https ://grants.ojp .usdoj .gov)
us ing the S F 425 Fed era l Financial Repo rt form (ava il able for v iewing at
www.whitehouse.gov/omb/grants/standard_form s/ff_report.pdf), not later than 30 days after the end of each calendar
quarter. The final report sha ll be submitted not later than 90 days fo llowing the end of the award period.
33. The recipi ent shall submit semiannual progress reports. Progress reports shall be su bmitted within 30 days afte r the end
of th e reporting periods, which are June 30 and Decembe r 31, for the life of the award . These reports will be s ubmitted
to the Office of Justice Prog rams, on-line through the Internet at https://grants.ojp.usdoj.gov/.
OJP FORM 4000n (REV. 4-88)
U.S. Departmen t of Justice
Office of J ustice Programs
National Institute of Justice
PROJECT NUMBER 2017-DN-BX-0005
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/29/2017
SPECIAL CONDITIONS
34. Semiannual progress report narratives
PAGE 12 OF 16
The recipient agrees that its semiannual progress report narratives w ill include the fo llow ing: (I ) a summary of p roject
goals fo r the fi scal year 2017 gran t; (2) th e gran t activities performed d uri ng the reporting period; (3) the effects of s uch
grant activities toward ac hi eving each project goal for the fisca l year 201 7 grant; (4) a descript ion of an y observed
in creases in ev idence submissions; a nd (5) a description of any is sues that may negative ly impact project goals for the
fi scal year 2017 grant.
Fi na l progress report
The recipien t agrees to submit a fi na l report, at the end of this award, doc um enting all relevan t project activities during
the entire peri od of perform ance under thi s award. This report w ill include th e fo llowing: a summary and assessm ent
of the p rogram carried o ut w ith the fi scal year 2017 grant, which shall include a comparison of pre-grant and post-
grant DNA-forensic capacity and take into accoun t cumulative performan ce measur e data.
The final report is due no later than 90 days fo ll owing th e close of thi s award period o r the expiration of an y extension
periods. T hi s report wi ll be s ubmi tted to the Office of Justice Program s, on-line through the Internet at
https:/ /grants.oj p. usdoj .gov/.
35. Semiannual performance measure data reporting -Forens ic DNA casework and capac ity enh ancement
The recipient agrees to subm it appli cable performance meas ure data regardin g forensic DNA casework and capacity
enhancement at th e same tim e t hat it submits its semi annua l progress reports. T hese semiannual performance data w ill
be s ubmi tted to the Office of Justice Programs, on-line through the In ternet at https://www.nij pmt.org. With respect to
such data, the reports sho ul d contain: (I ) inform atio n regarding baselin e performan ce metrics (for capacity
enhancement projects --the average number of days between the submi ssion of a reques t fo r forensic biology/DNA
analysis to the laboratory and the delivery of the tes t results to the requesting agency at the beginning of the award
period, and the average number of forensic DNA samples ana lyzed per analyst/month at the beginni ng of the award
period; fo r forens ic casework DNA backlog reduction proj ects --the n umber of backlogged forensic biology/DNA
cases at the beginnin g of the award period); (2) progress performance metrics (for capacity enhancemen t projects --
the average number of days between the submi ssion of a request fo r forensic biology/DNA analysis to the laboratory
and th e de livery of t he test resul ts to the requesting agency at t he end o f the reporting period, and the average number
of forensic DNA samples ana lyzed per analyst/mon th at the end of the reporting period; fo r forens ic casework DNA
backlog reduction projects --the n umber of backlogged fo rensic biology/DNA cases at the end of the reporting period,
the number of forensic biology/DNA cases analyzed d uri ng th e reporting period usin g funds provided under this award ,
and the nu mber of DNA profi les from forensic analyses entered in to CO DIS during the reporting period as a resu lt of
the fu nds provided under this award); and (3) im pact p erformance metrics (for fore nsic casework DNA backlog
reductio n projects --the n umber of CO DIS hits during the reporting period attribu tab le to the fore nsic analyses funded
under this awar d).
For the purposes of performance measu re data repo rting, a backlogged forensic bio logy/DNA case is defined as a
forensic biology/DNA case th at has not bee n completed within 30 days of receip t in the laboratory.
The recipient shall ensure that all required performa nce measure data are collected throughout the award period.
OJP FORM 4000/2 (REV. 4-8 8)
U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
PROJECT NUMBER 2017-DN-BX-0005
AWARD CONTIN UATION
SH EE T
Grant
AWARD DATE 09/29n0l7
SPECIAL CONDITIONS
PA GE 13 OF 16
36. Semiann ual Pe r formance Measure Data Reporting -DNA database sample ana lysis and capacity en han cement
If the recipient uses award funds for DNA database sample a nalysi s or capacity enhancement, the recipient agrees to
subm it appl icable performance measure data at the same time that it submits its semiannual progress reports. These
semiannual performance data wi ll be s ubmitted to the Office of Justice Programs, on-line through th e Internet at
https ://www.nijpmt.org. With respect to such data , the reports shoul d contain: (I) information regardi n g baseline
performance metrics (fo r DNA database laboratory capacity enhancement projects --the average number of DN A
database samples ana lyzed per ana lyst/month at the beginning of the award period; the average number of days between
the s ub mission of a DNA database sam p le to the laboratory and the up load of the DNA profile to CODIS at the
begi nning of the award period; for DNA database backlog reduction projects --the n u mber of backlogged DNA
database samples at the beginn ing of th e award period); (2) progress pe rformance metri cs (for capac ity enhancement
proj ects --the average number of DNA database sam ples analyzed pe r analyst/month at the end of the reporting
period, the average n umber o f days between the submission of a DNA database sample to the laboratory and the upload
of the profile to CODIS at the end of the reporting period; for DNA database backlog reduction proj ects --the number
of backlogged DNA database samples at the end of the reporting period, the number of DNA database sam p les
analyzed d uring the re porting period using funds fro m this award, and the num ber of DNA profiles from DNA database
samples entered into CODIS during the reporti ng period as a result of the funds prov ided under this award); and (3)
impact performance metrics (for DNA database bac klog red uction p rojects --the numbe r of CO DI S hits d uring the
repo rting period resulting from DNA database profi les developed us ing fund s provided under this award).
For the purposes of performance measure data reporting, a ba cklogged DNA database sample is defined as a DN A
database sample that has not been completed within 30 days of receipt in the laboratory .
The rec ipient shall ensure that a ll required performance measure data are coll ected throughout the award period.
OJP FORM 4000n (REV. 4-88)
U.S. Department of Ju stice
Office of Jus tice Programs
Na tional In s titut e of Justice
PROJECT NU MB ER 2017-DN-BX-0005
A WARD CONTINUATION
SHEET
G rant
AWA RD DATE 09/29/20 17
SPECIAL COND ITIONS
37. Final per fo nnance meas ure data reporting
PAGE 14 O F 16
The recipient agrees to subm it appl icable perfonnance measure data at the same time that it submits its final report.
These final perfonnance data w ill be s ubmitted to the Office of Justice Programs, on-line through the Internet at
https://www.nijpmt.org. With respect to data concerning forens ic DNA activities, the fina l report sho uld contain : (1)
for fore nsic DNA capacity en hancement projects --th e ave rage numbe r of days between the submission of a request
for fore nsic bio logy/DNA analysis to the laboratory and the deli ve ry of the test re s ul ts to the requestin g agency at the
end of the project peri od, and th e average number of forensi c DNA samples ana lyzed per analyst/month at the end of
th e proj ect period; and (2) for forens ic casework DNA back log red uction proj ects --the number o f backlogged
foren s ic biology/DNA cases at the en d of the project period , th e cumul ati ve number of forensic biology/DNA cases
analyzed using funds provided under th is award, the cumulative number of DNA profi les fro m foren sic analyses
ente red into CODI S a s a result of th e funds provided under this award , and th e cumulative nu m ber of CODlS h its
attributable to fore ns ic DNA an a lyses fun ded under this award).
For th e purpo ses ofperfonnance measure data reporting, a backlogged foren s ic biology/DNA case is defined as a
fore ns ic biology/DNA case that has not been compl eted within 30 days of receipt in the laboratory.
If the recipien t uses award funds for DNA database sample ana lysis o r capacity enhancement, the recip ient also agrees
to submit applicable perfonnance measure data with its final report. With respect to s uch data, the final report shou ld
con tai n: ( l) fo r DNA database laboratory capacity enhancement projects --the a verage number of DNA database
samples analyzed per analyst/month at th e end of the project period; the average number of days between the
s ubmis sion of a DNA da tabase sample to the laboratory and the u pload of the profil e to CO DIS at the end of the project
period, and (2) for DNA database backlog reduction projects --th e number of backlogged DN A database samples at
the en d of the project period , the cumulative number of DNA database sampl es analyzed us ing fund s pro v ided under
this award, the cumulative n umber of profi les from DNA database sa mples entered into CO DI S as the res ult of funds
provided under this award, and the cumulative number of CO DI S hi ts resultin g from DNA database profil es developed
us ing funds p rovided under thi s award.
For the purposes ofperfonnan ce measure data reporting, a backlogged DNA database sample is defin ed as a DNA
database samp le that has not been completed with in 30 days of receip t in the laboratory.
The recipien t shall ensur e that a ll required perfonnance measure data are co ll ected througho ut the award period .
38. Th e recipien t agrees to cooperate with any assessmen ts, nationa l evalu ation efforts, o r in fonnation or data coll ection
requests, including, b u t not li mited to, the provision of any in fonnati o n required for the assessment or eva luation of any
activ ities w ithin this proj ect.
39. To assist in infonnation shari ng , th e award rec ipi ent shall provide the N IJ p rogram manager w ith a copy of publications
(including those prepared for conferences and other p rese n ta tions) res ulting from thi s award , prior to or simultaneous
with their public release. N IJ define s p ubli cati ons as any written, visual or sound material substanti ve ly based on the
proj ect, fonnall y prepared by th e award recipi ent for dissemi natio n to the publi c . Submission of p ublications prior to
or sim ultaneous w ith their public release aids N U in responding to an y inq uiries that may arise. Any publications -
excluding pres s releases and newsletters -whether published at the recipient's or government's expense, sha ll co ntain
the fo ll owing state ment: "This project was s u ppo rted by Award No. ______ _, awarded by the National
Institute of Jus tice , Office of Jus ti ce Programs, U.S . Department of Ju stice . The opinions, findings, and concl us ions or
recom mendations expressed in thi s p u blication/program/exhibition are those of the au thor(s ) and do not necessari ly
reflect those of the Department of Justi ce." This s tatemen t shall appear on the firs t page of written publicatio ns. For
audio and video publ ications, it shall be included immediately after the titl e of th e publication in the audio or v ideo file .
40. The recipient s ha ll trans mi t to the N U program manager copies of a ll official award-re lated pres s releases at least ten
( I 0) working days prior to public release. Advance notice permits tim e for coordination of release of information by
N IJ where appropriate and to re s pond to press o r publi c inqui ri es.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Jus tice
Office of Justice Programs
National Institute of Justice
PROJECT NUMBER 20 17-DN-BX-0005
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 09/29/20 17
SPECIAL CON DITIONS
PAGE 15 OF 16
41 . Pursuant to 28 C .F.R. Part 18, OJP may suspend or terminate fu ndin g under thi s award before the completion of th e
project funded by thi s award, for the recip ient's fa ilure to comply with these spec ial conditions or w ith the project's
goals, plan s and methodology set fort h in the approved appli cation. In the case of suspen sion, the rec ipi ent will be
unable to draw down fu nd s unti l OJP determ in es th at the recipient is in co mpli ance.
42 . The recipient acknow ledges that the Office of Justice Programs (OJP) reserves a royalty-free , non-excl usive , a nd
irrevocable license to reproduce, pub li sh, or otherwise use , and authorize others to use (in whole or in part, including in
connection with deri vative works), for Federal purposes: (1) any work s ubject to copyright developed unde r an award
or s ub award ; and (2) any rights of copyri ght to whi ch a recipient or sub recipient purchases ownership with Federal
su pport.
Th e recipient acknow ledges th at OJP has the right to (1) obtain, reprod uce, publi sh, or otherwise use th e data fi rst
produced under an award or subaward ; a nd (2) authoriz e others to rece ive , reproduce, publi sh, or otherwise use such
data for Federal purposes. "Data" in c lu des data as defined in Federal Acq ui s ition Regulation (FAR) prov ision 52.227-
14 (Rights in Data -General).
It is the responsibility of the recipient (and of each su brecip ient, i f applicab le) to en sure that th is condition is in cluded
in any sub award under this award.
The recipient has the res pon sibi lity to obtain from subrecipients , contractors , and s ubcontractors (i f any) a ll ri g hts and
data nece ssary to fu lfill th e recipient's obligati ons to the Government under this award. If a proposed sub recipient,
contractor, or subcontractor refuses to accept terms affording the Government suc h ri ghts, the recipient sha ll promptly
brin g such re fu sa l to the attention of the OJP program manager for the award an d not proceed w ith the agree ment in
q uestion with o ut furth er authorization from the OJP program office.
43. The Project Dire ctor and ke y program personnel des ignated in the appli cation s ha ll be replaced onl y for compell ing
reasons . Succe ssors to key perso nne l m ust be approved , and s uch approval is contingent upon su bmission of
appropri ate information, in cluding, b ut no t limited to, a resume. OJP w ill not unreasonab ly withh old approval.
Changes in other program personne l require only notification to O JP and s ubmission of res umes , un less oth erwise
des ignated in the award document.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department o f Justice
Office of Justice Programs
N ational In stitute of Justice
PROJECT NUMBER 20l 7-DN-BX-0005
AW ARD CONTINUATION
SHEET
Grant
AWARD DATE 09/29/2 017
SPECIAL CONDITIONS
PAGE 16 OF 16
44. The rec ipient agrees to comply with a ll Federal, State, and loca l environmental laws and regulations applicable to the
development and implementation o f the activ ities to be funded under this award .
Environmenta l Assessment (EA): The recipi ent agrees and understands that fu nded acti vities (whether conducted by
the recipient or sub recipients or cont ractors) may req uire the preparation of an EA as de fi ned by the Council on
Environmenta l Qua lity's Regulations fo r impl ementing the Procedural Prov is io ns of th e Nationa l Environmenta l Po licy
Act (NEPA), fo und at 40 CFR Part 1500. An EA is a concise pub li c document that briefly provides s u fficient analysis
for determ ini ng whether to prepare an environmental impact statement (E IS) or a finding of no significant im pact for
the proposed activity. If in comp leting an EA for a proposed activ ity, potenti al adverse environmenta l impacts are
id entified, the EA w ill serve as a ve h ic le for developing either alternative approaches or mitigation measures for
avoiding or reduc ing the identified adverse environmen tal im pacts.
Modi fi cations: Throug hout the te rm of this award, the rec ipie nt agrees th at fo r any activity that is the subject of a
completed EA , it will info rm NU of--(!) any change(s) that it is consideri ng mak ing to the previously assessed
activity that may be relevant to enviro nmental impact; o r (2) any proposed n ew activit ies or changed c ircumstances that
may require assessment as to environmenta l im pact, such as new acti vities that involve the use of chemicals or involve
construction or major renovation. The recipient wi ll not implement a proposed change or new activity unti l N IJ , with
the assistance o f t he recip ie nt, has determined whether the pro posed change o r activity (or changed circumstances) w ill
require additiona l review under NEPA. Approval for implementation will not be unreasonably withhe ld as long as any
requested modifica ti o n(s) is consistent with eli gib le p rogram p urp oses and fo und acceptab le under an NU-conducted
environme ntal impact review process.
45. The reci pient may not obligate, expend, or draw down any fu n ds unti l the program office has veri fied that the recipient
has submitted all necessary documentation req ui red to comply w ith the Department of Justice Procedures for
Implementing the Natio na l Enviro nm ental Po licy Act found at 28 C FR Part 6 1 (in c lu d ing A ppendix D), and a Gran t
Adjustment Notice (GAN) has been iss ued removing this condition.
46 . T he recipient must comply with applicable requirements to report first -tier s ubawards ("sub grants") of $25 ,000 or
more and, in certain circum stances, to report the names and total compensation of the five most highly compensated
exec utives of the recip ie nt a nd first -tier s ubrec ip ients (fi rst-tier "subgrantees") of award fu nds. The detai ls o f reci p ient
obligations, wh ich derive from the Federa l Fundi ng Acco un tab il ity and Tran sparency Act of 2006 (FFA TA), are posted
on the OJP web s ite at https://ojp.gov/fu nding/Exp lore/FFA TA.htm (Award conditio n: Reporting Subawards and
Executive Compensation), and are incorporated by re ference here .
This cond it ion, incl uding its reporti ng requi rement, does not apply to an award made to an individual who received the
award as a natural person (i.e., unrelated to any bus iness or no n-profit organization that he or she may own or operate
in hi s or her name).
47. The recip ie nt may not obligate, ex pend, o r draw down a ny award fu nds until: (I) it has provided to the grant manager
for this OJP award either an "applicant disclosure of pending applicatio ns" for fede ral funding or a specific affirmati ve
statement that no such pendi ng applications (whether d irect or in dir ect) exist, in accordance with the detailed
instructions in the program solicitation, (2) OJP has completed its review of the in formation provided and of any
supplemental in fo rm ation it may request, (3) the rec ip ient has made any adjustments to the award that OJP may require
to prevent or e liminate a ny in a ppropriate dup lication o f fu nd ing (e.g., b udget mod ificat ion, project scope adjustment),
(4) if appropri ate adjustments to a discretionary award cann ot be made, the recipien t has agreed in writing to any
necessary reduction of the award am ount in any a mo unt sufficien t to prevent dupl ication (as determined by OJP), and
(5) a Gra nt Adjustment Notice has been issued removing this special condit ion.
48. The recip ient may not obl igate, expend, o r draw down an y fu nds unti l a revised proposal (and any necessary
modifications to the budget an d budget narrative) has been received and approved by the National Institute of Justice,
and a Grant Adj ustment Notice has been iss ued remov in g this cond ition.
01P FORM 4000/2 (REV. 4-88)