HomeMy WebLinkAboutResolutions - 2022.11.17 - 37723
AGENDA ITEM: Grant Acceptance from the U.S. Department of Justice for the FY2022 DNA
Capacity Enhancement and Backlog Reduction (CEBR) Program 22-377
COMMITTEE MEETING: Board of Commissioners
DATE: Thursday, November 17, 2022 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
DEPARTMENT SPONSORED BY
Sheriff’s Office Penny Luebs
INTRODUCTION AND BACKGROUND
This is a request to accept FY2022 funding.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.858.5115 (office) or andrewsmb@oakgov.com, or the department contact persons listed for
additional information.
CONTACT
Curtis Childs
Gaia Piir, Sheriff Fiscal Officer
piirg@oakgov.com
ITEM REVIEW TRACKING
Penny Luebs, Created/Initiated - 11/17/2022
David Woodward, Board of Commissioners Approved - 11/17/2022
Hilarie Chambers, Executive's Office Approved - 11/21/2022
Lisa Brown, Clerk/Register of Deeds Final Approval - 11/22/2022
AGENDA DEADLINE: 11/17/2022 6:00 PM
COMMITTEE TRACKING
2022-11-01 Public Health & Safety - Recommend to Board
2022-11-17 Full Board - Adopted
ATTACHMENTS
1. FY 2022 CEBR Grant SCHEDULE A
2. Grant Review Sign-Off 2022
3. FY 2022 CEBR_Award Package
4. FY 2022 CEBR_Budget Detail_OCSO_Rev 10-18-22_Redacted
5. FY 2022 CEBR_Proposal Narrative_OCSO_Rev 10-18-22
November 17, 2022
RESOLUTION #2022-2192 _ 22-377
Sponsored By: Penny Luebs
Sheriff’s Office - Grant Acceptance from the U.S. Department of Justice for the FY2022 DNA
Capacity Enhancement and Backlog Reduction (CEBR) Program
Chairperson and Members of the Board:
WHEREAS the Oakland County Sheriff’s Office applied for and has been awarded the Fiscal Year
(FY) 2022 DNA Capacity Enhancement and Backlog Reduction (CEBR) Program Grant funding in the
amount of $522,717 from the U.S. Department of Justice (DOJ), Bureau of Justice Assistance (BJA);
and
WHEREAS the grant period is October 1, 2022 through September 30, 2024; and
WHEREAS the Oakland County Sheriff’s Office (OCSO) provides forensic laboratory services to
Oakland County and its neighboring communities; and
WHEREAS grant funding will be used to continue three (3) Full-Time Eligible (FTE) Special Revenue
(SR) Forensic Laboratory Analyst positions (#4030910-12173, 12450, and 12451) in the Sheriff's
Office Investigative & Forensic Services Division, Forensic Services Unit (#4030910); and
WHEREAS grant funding will also be used to purchase an additional benchtop extraction instrument,
a centrifuge, a back-up battery for the AutoMate instrument, pipettes, and an additional 12-month
STRmix software license and maintenance agreement for the Biology Unit. Grant funding has also
been budgeted for staff to attend mandatory DOJ training.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts
the FY 2022 DNA Capacity Enhancement and Backlog Reduction (CEBR) Program Grant award from
the U.S. Department of Justice, Bureau of Justice Assistance in the amount of $522,717 for the
period of October 1, 2022 through September 30, 2024.
BE IT FURTHER RESOLVED to continue three (3) Full-Time Eligible (FTE) Special Revenue (SR)
Forensic Laboratory Analyst positions (#4030910-12173, 12450, and 12451) in the Sheriff's Office
Investigative & Forensic Services Division, Forensic Services Unit (#4030910).
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant agreement and to approve any grant extensions or changes, within fifteen percent
(15%) of the original award, which are consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any
future commitment, and continuation of the Special Revenue positions in the grant is contingent upon
future levels of grant funding.
BE IT FURTHER RESOLVED the FY2023 and FY 2024 budgets are amended as detailed in the
attached Schedule A.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs.
Date: November 17, 2022
David Woodward, Commissioner
Date: November 21, 2022
Hilarie Chambers, Deputy County Executive II
Date: November 22, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-11-01 Public Health & Safety - Recommend to Board
2022-11-17 Full Board - Adopted
VOTE TRACKING
Motioned by Commissioner Kristen Nelson seconded by Commissioner Michael Spisz to adopt the
attached Grant Acceptance: from the U.S. Department of Justice for the FY2022 DNA Capacity
Enhancement and Backlog Reduction (CEBR) Program.
Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Christine Long, Philip Weipert,
Gwen Markham, Thomas Kuhn, Chuck Moss, Marcia Gershenson, William Miller III, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (17)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. FY 2022 CEBR Grant SCHEDULE A
2. Grant Review Sign-Off 2022
3. FY 2022 CEBR_Award Package
4. FY 2022 CEBR_Budget Detail_OCSO_Rev 10-18-22_Redacted
5. FY 2022 CEBR_Proposal Narrative_OCSO_Rev 10-18-22
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
November 17, 2022, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at
Pontiac, Michigan on Thursday, November 17, 2022.
Lisa Brown, Oakland County Clerk / Register of Deeds
Oakland County, Michigan
SHERIFF'S OFFICE - 2022 DNA CAPACITY ENHANCEMENT AND BACKLOG REDUCTION (CEBR) PROGRAM - GRANT ACCEPTANCE
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)
Cost Center
(CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID
(GRN) #
Project ID #
(PROJ)
Regio
n
(REG)
Budget
Fund
Affiliat
e (BFA)
Ledger
Account
Summar
y Account Title
FY 2023
Amendment
FY 2024
Amendment
FY 2025
Amendment
R Law Enforcement Grants Investigative & Forensic Svcs FND11005 CCN4030901 RC610313 PRG116240 GRN-1004033 610000 Federal Operating Grants $99,082 $423,635 $-
Total Revenues $99,082 $423,635 $-
E Law Enforcement Grants Investigative & Forensic Svcs FND11005 CCN4030901 SC702010 PRG116240 GRN-1004033 702000 Salaries Regular $-$278,813 $-
E Law Enforcement Grants Investigative & Forensic Svcs FND11005 CCN4030901 SC722740 PRG116240 GRN-1004033 722000 Fringe Benefits -143,047 -
E Law Enforcement Grants Investigative & Forensic Svcs FND11005 CCN4030901 SC732018 PRG116240 GRN-1004033 730000 Travel and Conference 3,550 1,775 -
E Law Enforcement Grants Investigative & Forensic Svcs FND11005 CCN4030901 SC774636 PRG116240 GRN-1004033 770000 Info Tech Ops 95,532 --
Total Expenditures $99,082 $423,635 $-
GRANT REVIEW SIGN-OFF – Sheriff’s Office
GRANT NAME: 2022 DNA Capacity Enhancement and Backlog Reduction (CEBR) Program
FUNDING AGENCY: U.S. Department of Justice (US DOJ), Bureau of Justice Assistance Grant
DEPARTMENT CONTACT PERSON: Kent Gardner/(248) 858-5019
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 10/24/2022
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments.
The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign-
off email and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of
the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Sheryl Johnson (10/21/2022)
Human Resources:
Approved by Human Resources. Continues positions with no changes. HR action not
needed. – Heather Mason (10/21/2022)
Risk Management:
Approved – Robert Erlenbeck (10/24/2022)
Corporation Counsel:
Approval – Sharon Kessler (10/21/2022)
September 23, 2022
Dear David Woodward,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice
Programs (OJP) has approved the application submitted by OAKLAND, COUNTY OF for an award under the
funding opportunity entitled 2022 FY 22 DNA Capacity Enhancement for Backlog Reduction (CEBR) Program
(Formula). The approved award amount is $522,717.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements
before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project
Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and
OVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award
Offer, but also compliance with assurances and certifications that relate to conduct during the period of
performance for the award. These requirements encompass financial, administrative, and programmatic
matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff
should receive the award conditions, the assurances and certifications, and the application as approved
by OJP, so that they understand the award requirements. Information on all pertinent award requirements
also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate
remedies for non-compliance, which may include termination of the award and/or a requirement to repay
award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award
Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity
Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal
authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the
Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System
(JustGrants), including by executing the required declaration and certification, within 45 days from the award
date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP)
system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should
have already received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Maureen Henneberg
Deputy Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
(DOJ) has been delegated the responsibility for ensuring that recipients of federal financial
assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office
on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several
federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the
Award Letter
Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that
they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal
financial assistance from DOJ from discriminating in services and employment because of race,
color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against
Women Act, sexual orientation and gender identity. Recipients are also prohibited from
discriminating in services because of age. For a complete review of these civil rights laws and
nondiscrimination requirements, in connection with DOJ awards, see
https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against
recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance
reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to
evaluate whether recipients of financial assistance from the Department are providing services in a
non discriminatory manner to their service population or have employment practices that meet equal-
opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the
Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice
system, there are two additional obligations that may apply in connection with the awards: (1)
complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2)
submitting findings of discrimination to OCR. For additional information regarding the EEOP
requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements
when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements that are
associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your
organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial
assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov.
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Programmatic Environmental Assessment (EA)
NEPA Letter
The activities the recipient has proposed to conduct under this award fall within the scope of a
Programmatic EA that complies with the NEPA. These activities have been determined not to have a
signi icant impact on the quality of the human environment.
Throughout the term of this award, the recipient agrees to comply with all Federal, State, and local
environmental laws and regulations applicable to the development and implementation of the
activities to be funded under this award. Further, the recipient agrees that for any activity that to be
funded under this award, it will inform OJP of-- (1) any change(s) that it is considering making to
the previously assessed activity that may be relevant to environmental impact; or (2) any proposed
new activities or changed circumstances that may require assessment as to environmental impact,
such as new activities that involve the use of chemicals or
involve construction or major renovation. The recipient will not implement a proposed change or
new activity until OJP, with the assistance of the recipient, has determined whether the proposed
change or new activity (or changed circumstances) will require additional review under NEPA.
Approval for implementation will not be unreasonably withheld as long as any requested
modi ication(s) is consistent with eligible program purposes and found acceptable under an OJP-
conducted environmental impact review process.
Questions about this determination may be directed to your grant manager or Orbin Terry,
Environmental Coordinator for the Bureau of Justice Assistance.
NEPA Coordinator
First Name
Orbin
Middle Name
——
Last Name
Terry
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Recipient Name
OAKLAND, COUNTY OF
UEI
HZ4EUKDD7AB4
Street 1
1200 N TELEGRAPH RD DEPT 470
Street 2
City
PONTIAC
State/U.S. Territory
Michigan
Zip/Postal Code
48341
Country
United States
County/Parish
——
Province
——
Award Information
Recipient Information
Federal Award Date
9/23/22
Award Type
Initial
Award Number
15PBJA-22-GG-01670-DNAX
Supplement Number
00
Federal Award Amount
$522,717.00
Funding Instrument Type
Grant
16.741 DNA Backlog Reduction Program
Department of Justice Appropriations Act, 2022 (Pub. L. No. 117-103, 136 Stat. 49, 126)
I have read and understand the information presented in this section of the Federal Award Instrument.
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Solicitation Title
2022 FY 22 DNA Capacity Enhancement for
Backlog Reduction (CEBR) Program (Formula)
Application Number
GRANT13660252
Awarding Agency
OJP
Program Office
BJA
Grant Manager Name Phone Number
Award Details
Assistance Listing Number Assistance Listings Program Title
Statutory Authority
Project Information
Christine Torres 202-305-1978
E-mail Address
Christine.Torres@usdoj.gov
Project Title
FY 2022 CEBR: Oakland County Sheriff's Office
Performance Period Start
Date
10/01/2022
Performance Period End
Date
09/30/2024
Budget Period Start Date
10/01/2022
Budget Period End Date
09/30/2024
Project Description
The Oakland County Sheriff’s Office (OCSO) provides law enforcement and forensic
laboratory services to Oakland County and its neighboring communities in Southeast
Michigan - a population of more than 1.2 million residents. In addition to its local
customer base, OCSO provides services to more than 50 regional police departments,
sheriff’s offices, and federal agencies. OCSO is requesting FY 2022 DNA Capacity
Enhancement for Backlog Reduction (CEBR) program funding to support the Forensic
Science Laboratory’s mission: to provide its clients, the criminal justice system, and
the individuals of the communities that it serve with the highest quality of forensic
services in an efficient and timely manner.
DNA evidence submission continues to outweigh OCSO’s testing capacity, making
staffing retention and growth a top priority for the DNA Biology unit. As a result, grant
funds are requested to retain three DNA analyst positions which were established with
prior year CEBR funding. These positions will be supported with FY 2022 CEBR
funds for an additional 13-month period, through September of 2024. Grant funds are
also requested to establish and fund a fourth analyst position for a period of 12
months, through February of 2024. It is expected that three of the four CEBR-funded
analysts will actively contribute to casework during the award period, while the fourth
progresses through the laboratory’s forensic biology training program. Collectively,
these positions will positively impact DNA Biology unit throughput, helping to reduce
the backlog of samples awaiting analysis. OCSO anticipates a minimum of 195 cases
will be completed with CEBR funding during the FY 2022 award period, above and
beyond what the laboratory is capable of analyzing without continued grant support.
I have read and understand the information presented in this section of the Federal Award Instrument.
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
I have read and understand the information presented in this section of the Federal Award Instrument.
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on
the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from
various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at
https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference
here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient)
would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for
guidance, and may not proceed without the express prior written approval of OJP.
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as
adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements")
apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022
award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded
during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under
that award number (regardless of the award date, and regardless of whether derived from the initial award
or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards
and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Financial Information
Award Conditions
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Record retention and access: Records pertinent to the award that the recipient (and any subrecipient
("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the
final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient
(and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement
information, in addition to the financial records, supporting documents, statistical records, and other
pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed
by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform
Requirements, the recipient is to contact OJP promptly for clarification.
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the
event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses,
processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information
(PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a
"Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a
requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours
after an occurrence of an actual breach, or the detection of an imminent breach.
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier --
develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees
and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-
and-subgrantees.
Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have successfully completed
an "OJP financial management and grant administration training" by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020,
will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during
the period of performance, the new Grant Award Administrator or Financial Manager must have successfully
completed an "OJP financial management and grant administration training" by 120 calendar days after the
date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in
JustGrants. Successful completion of such a training on or after January 1, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training"
for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy
this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails
to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional
appropriate conditions on this award.
Effect of failure to address audit issues
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The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may
withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding
agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required
by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise
in connection with audits, investigations, or reviews of DOJ awards.
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or
certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine
that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award.
Any such exceptions regarding enforcement, including any such exceptions made during the period of
performance, are (or will be during the period of performance) set out through the Office of Justice Programs
("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions"
(ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all
material requirements of the award, and specifically adopts, as if personally executed by the authorized
recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to
conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a
condition incorporated by reference below, or an assurance or certification related to conduct during the
award period -- may result in OJP taking appropriate action with respect to the recipient and the award.
Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.
DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or
concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18
U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties
and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-
3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that
provision shall first be applied with a limited construction so as to give it the maximum effect permitted by
law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be
deemed severable from this award.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable
requirements regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination
on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate
in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and
subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as
rules and requirements that pertain to recipients and subrecipients that are faith-based or religious
organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently
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accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial
Administration, Chapter 1, Part 38, under e-CFR "current" data.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42
that relate to an equal employment opportunity program.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions
of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances,
discrimination against an employee as reprisal for the employee's disclosure of information related to gross
mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal
grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the
workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient
is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings,
trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws,
regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting
requirements, where applicable) governing the use of federal funds for expenses related to conferences (as
that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and
costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in
the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants
Financial Guide").
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under
this award. The data must be provided to OJP in the manner (including within the timeframes) specified by
OJP in the program solicitation or other applicable written guidance. Data collection supports compliance
with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and
other applicable laws.
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Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de
minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect
cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all
associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only
to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved
by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or
an associated federal statute -- that a purpose of some or all of the activities to be carried out under the
award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years
of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain
individuals may interact with participating minors. This requirement applies regardless of an individual's
employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-
Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who
may interact with participating minors), and are incorporated by reference here.
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency
outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any
time during the course of the period of performance under this award, the recipient must disclose that fact
and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes
of this disclosure, high risk includes any status under which a federal awarding agency provides additional
oversight due to the recipient's past performance, or other programmatic or financial concerns with the
recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that
currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-
risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The
reasons for the high-risk status, as set out by the federal awarding agency.
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP
website (currently, the "DOJ Grants Financial Guide" available at
https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the
period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74
Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt
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and enforce policies banning employees from text messaging while driving any vehicle during the course of
performing work funded by this award, and to establish workplace safety policies and conduct education,
awareness, and other outreach to decrease crashes caused by distracted drivers.
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding
agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is
designated as "high-risk" for purposes of the DOJ high-risk grantee list.
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded
(in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment
eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in
activities under this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the
United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the
award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C.
1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements),
maintain records of all employment eligibility verifications pertinent to compliance with this award condition
in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications
and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be
obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure
compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically
includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will
be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with
award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,
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the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov),
provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify
(and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a
"Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States
that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the
United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any
tier, or any person or other entity, to violate any federal law, including any applicable civil rights or
nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any
subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8
U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can
email E-Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award
acceptance.
Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract
or subcontract with any funds under this award, may require any employee or contractor to sign an internal
confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict,
the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement
representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which
relates to sensitive compartmented information), or any other form issued by a federal department or agency
governing the nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from
employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or
restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to
execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict),
reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of
award funds, will provide prompt written notification to the federal agency making this award, and will
resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement
contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award
funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement
contract) either requires or has required internal confidentiality agreements or statements from employees or
contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees
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or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that
receives funds under this award is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of
waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to
or by that entity, will provide prompt written notification to the federal agency making this award, and will
resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were
editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law
Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards
(that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42
of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has
been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision
as reclassified to Title 34. This rule of construction specifically includes references set out in award
conditions, references set out in material incorporated by reference through award conditions, and
references set out in other award requirements.
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants")
must have specific federal authorization), and are incorporated by reference here.
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management
(SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding
registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier
subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and
provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the
OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management
(SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e.,
unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
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Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or
any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment,
repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C.
1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities 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 any 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 them) with respect to the awarding of
a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions
such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this
law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient)
would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and
may not proceed without the express prior written approval of OJP.
Specific post-award approval required to use a noncompetitive approach in any procurement contract that
would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
to obtain specific advance approval to use a noncompetitive approach in any procurement contract that
would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to
agreements that -- for purposes of federal grants administrative requirements -- OJP considers a
procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement
contract under an OJP award are posted on the OJP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award
approval required to use a noncompetitive approach in a procurement contract (if contract would exceed
$250,000)), and are incorporated by reference here.
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
(including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of
persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for
purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are
posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award
condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award
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of federal funds during the period of performance for this award, the recipient promptly must determine
whether funds from any of those other federal awards have been, are being, or are to be used (in whole or
in part) for one or more of the identical cost items for which funds are provided under this award. If so, the
recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the
potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or
change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of
funding.
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the
Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor,
subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that
violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict
of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be
reported to the OIG by--(1) online submission accessible via the OIG webpage at
https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S.
Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting,
950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG
Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
Privacy; quality assurance; CODIS/NDIS The recipient shall ensure that each DNA analysis conducted and
DNA profile generated under this award is maintained pursuant to all applicable Federal privacy
requirements, including those described in 34 U.S.C. section 12592(b)(3). The recipient shall ensure that all
forensic DNA analyses conducted with funding under this award are performed either (1) by accredited
government-owned laboratories, or (2) through accredited fee-for-service vendors. Accreditation must be by
a nonprofit professional association of persons actively involved in forensic science that is nationally
recognized within the forensic science community. The recipient shall ensure that any laboratory that
conducts forensic DNA analyses under this award undergoes external audits, not less than once every two
years, that demonstrate compliance with the Quality Assurance Standards for Forensic DNA Testing
Laboratories established by the Director of the Federal Bureau of Investigation. The recipient shall ensure
that all eligible forensic DNA profiles obtained with funding under this award will be entered into the
Combined DNA Index System (CODIS), and, where applicable, uploaded to the National DNA Index System
(NDIS). No profiles generated with funding from this award may be entered into any non-governmental
database without prior express written approval from BJA. If any government-owned forensic laboratory that
will receive funding under this award to conduct forensic DNA analyses is not a member of NDIS, the
laboratory must have a written agreement in place with an NDIS-participating laboratory for the resulting
eligible forensic DNA profiles to be entered into CODIS, and, where applicable, uploaded into NDIS. If the
recipient operates a state-designated DNA database laboratory, the recipient shall ensure that analyses of
DNA database samples and reviews of associated DNA profiles conducted with funding under this award
are performed by a laboratory that (1) is accredited by a nonprofit professional association of persons
actively involved in forensic science that is nationally recognized within the forensic science community; and
(2) undergoes external audits, not less than once every two years, that demonstrate compliance with the
requirements of the Quality Assurance Standards for DNA Databasing Laboratories established by the
Director of the Federal Bureau of Investigation. The recipient shall ensure that any DNA database samples
analyzed with funding under this award are analyzed for all 20 CODIS core STR loci, using commercially
available PCR kits accepted by NDIS. The recipient shall also ensure that all profiles obtained from DNA
database samples with funding from this award are entered into CODIS within 90 days of completion of
analysis, and uploaded into NDIS. The recipient agrees to notify BJA promptly upon any change in the
accreditation status of any of the forensic science laboratories that receive funding under this award, or their
participation in NDIS.
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No research; nonsupplanting of State or local government funds The recipient shall ensure that none of the
funds provided under this award are used for research or statistical projects or activities as defined by 28
CFR Part 22 or for research as defined by 28 CFR Part 46. Any questions concerning this provision should
be directed to the BJA grant manager for the award. The recipient shall ensure that Federal funds made
available through this award will not supplant State or local government funds, but instead will be used to
increase the amount of funds that would, in the absence of Federal funds, be available from State or local
government sources for activities funded through this award. The recipient agrees to notify BJA promptly if
the recipient receives new State or local government funding for any of the purposes included in the
approved application for this award.
The recipient agrees to notify BJA promptly upon any significant reduction in the recipient's estimate of the
number of backlogged forensic DNA cases that will be analyzed within twenty-four months using the funds
provided under this fiscal year 2022 award, above and beyond those that will be analyzed using funds from
other sources. If applicable, the recipient agrees to notify BJA promptly upon any significant reduction in the
recipient's estimate of the number of DNA database samples that will be analyzed, or associated DNA
profiles reviewed, within twenty-four months using the funds provided under this fiscal year 2022 award,
above and beyond those that can be analyzed or reviewed using funds from other sources.
The recipient understands and agrees that gross income (revenues) from fees charged for DNA testing
services constitutes program income (in whole or in part), and that program income must be determined,
used, and documented in accordance with the provisions of 2 C.F.R. 200.307, including as applied to the
BJA DNA Capacity Enhancement for Backlog Reduction Program (also known as the DNA "CEBR"
program) by the Department of Justice (DOJ) Grants Financial Guide, as it may be revised from time to
time. The recipient further understands and agrees that both program income earned during the award
period and expenditures of such program income must be reported on the quarterly and final Federal
Financial Reports (SF 425) and are subject to audit. The recipient understands and agrees that program
income earned during the award period only may be expended only for permissible uses of funds
specifically identified in the solicitation for the BJA FY 2022 DNA Capacity Enhancement for Backlog
Reduction Program. The recipient further understands and agrees that program income earned during the
award period may not be used to supplant State or local government funds, but instead may be used only to
increase the amount of funds that would, in the absence of Federal funds or program income, be available
from State or local government sources for the permissible uses of funds listed in the FY 2022 program
solicitation. The recipient understands and agrees that program income that is earned during the final one
hundred and twenty (120) days of the award period may, if appropriate, be obligated (as well as expended)
for permissible uses during the one hundred and twenty-day (120-day) period following the end of the award
period. The recipient further understands and agrees that any program income earned during the award
period that is not obligated and expended within one hundred and twenty (120) days of the end of the award
period must be returned to OJP.
The recipient understands and agrees that, throughout the award period, it must promptly notify BJA if it
either starts or stops charging fees for DNA testing services, or if it revises its method of allocating fees
received for DNA testing services to program income. Notice must be provided in writing to BJA grant
manager for the award within ten (10) business days of implementation of the change.
Absent prior express written approval from BJA, rates for any lodging charged to the award may not exceed
the posted GSA rate for the location. (If the recipient opts to obtain lodging at a higher rate, the cost
differential, including associated taxes, may not be charged to the award.)
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Semiannual progress report narratives The recipient agrees that its semiannual progress report narratives
will include the following: (1) a summary of project goals for the fiscal year 2022 grant; (2) the grant activities
performed during the reporting period; (3) the effects of such grant activities toward achieving each project
goal for the fiscal year 2022 grant; (4) a description of any observed increases in evidence submissions; and
(5) a description of any issues that may negatively impact project goals for the fiscal year 2022 grant.
Final progress report The recipient agrees to submit a final report, at the end of this award, documenting all
relevant project activities during the entire period of performance under this award. This report will include
the following: a summary and assessment of the program carried out with the fiscal year 2022 grant, which
shall include a comparison of pre-grant and post-grant DNA-forensic capacity and take into account
cumulative performance measurement data. The final report is due no later than 120 days following the
close of this award period or the expiration of any extension periods. This report will be submitted to the
Office of Justice Programs, on-line through the Internet at https://grants.ojp.usdoj.gov/ .
Performance measurement information and data reporting The award recipient agrees to report semi-annual
and final report performance measurement information and data, along with supporting documentation,
according to the instructions specified in the BJA FY 2022 DNA Capacity Enhancement for Backlog
Reduction Program and at https://ojpsso.ojp.gov (the performance measurement internet site), or any
superseding guidance communicated by OJP. These performance measurement information and data will
be submitted to the Office of Justice Programs, on-line through the Internet at https://ojpsso.ojp.gov/.
Reported information and data should be complete, accurate, and timely. For the purposes of performance
measurement data reporting, a backlogged forensic biology/DNA case is defined as a forensic biology/DNA
case that has not been completed within 30 days of receipt in the laboratory; a backlogged DNA database
sample is defined as a DNA database sample that has not been completed within 30 days of receipt in the
laboratory. If the recipient uses award funds for procurement contracts to private accredited DNA
laboratories for analysis of forensic DNA casework samples or DNA database samples, the recipient agrees
to take any necessary steps to ensure that reports of such procurement contract expenditures (with respect
to the recipient and any subrecipient) are fully supportable by documentation and consistent with
expenditures as reported on quarterly financial status reports the recipient submits to OJP. The recipient
shall ensure that all required performance measurement information and data are collected throughout the
award period.
The recipient agrees that it will submit quarterly financial status reports (the SF 425 Federal Financial
Report) to OJP in JustGrants, no later than the deadlines set out in the DOJ Financial Guide and the
JustGrants guidance (typically 30 days after the end of each calendar quarter). Delinquent reports may lead
to funds being frozen and other remedies.
The recipient shall submit semiannual performance reports. Performance reports shall be submitted within
30 days after the end of the reporting periods, which are June 30 and December 31, for the life of the award.
These reports will be submitted to the Office of Justice Programs, on-line through the Internet at
https://justgrants.usdoj.gov
The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any
tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV),
or for any accompanying accessories to support UAS.
The recipient agrees to budget funds for up to three staff representatives to attend one two-day national
meeting in Washington, D.C. each year for the life of the grant. In addition, the recipient agrees to participate
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in BJA training events, technical assistance events, or conferences held by BJA or its designees, upon
request.
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34
U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate
that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any information required for the assessment
or evaluation of any activities within this project.
The award recipient agrees to participate in a data collection process measuring program outputs and
outcomes. The data elements for this process will be outlined by the Office of Justice Programs.
The recipient agrees to submit to BJA for review and approval any curricula, training materials, proposed
publications, reports, or any other written materials that will be published, including web-based materials and
web site content, through funds from this grant at least thirty (30) working days prior to the targeted
dissemination date. Any written, visual, or audio publications, with the exception of press releases, whether
published at the grantee's or government's expense, shall contain the following statements: "This project
was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The
Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs,
which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile
Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view
or opinions in this document are those of the author and do not necessarily represent the official position or
policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides
guidance on allowable printing and publication activities.
The recipient shall transmit to the BJA grant manager copies of all official award-related press releases at
least ten (10) working days prior to public release. Advance notice permits time for coordination of release of
information by BJA where appropriate and to respond to press or public inquiries.
Pursuant to 28 C.F.R. Part 18, OJP may suspend or terminate funding under this award before the
completion of the project funded by this award, for the recipient's failure to comply with these award
conditions or with the project's goals, plans and methodology set forth in the approved application. In the
case of suspension, the recipient will be unable to draw down funds until OJP determines that the recipient
is in compliance.
Copyright; Data rights
The recipient acknowledges that OJP reserves a royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in
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connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under
an award or subaward (at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at
any tier) purchases ownership with Federal support.
The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the
data first produced under any such award or subaward; and (2) authorize others to receive, reproduce,
publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal
Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General).
It is the responsibility of the recipient (and of each subrecipient (at any tier), if applicable) to ensure that the
provisions of this condition are included in any subaward (at any tier) under this award.
The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all
rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a
proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such
rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the
award and not proceed with the agreement in question without further authorization from the OJP program
office.
The Project Director and/or any other key program personnel designated in the application shall be replaced
only for compelling reasons. Successors to key personnel must be approved by OJP, and such approval is
contingent upon submission of appropriate information, including, but not limited to, a resume. Changes in
program personnel, other than key personnel, require only notification to OJP and submission of resumes,
unless otherwise designated in the award document.
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A
detailed justification must be submitted to and approved by the OJP program office prior to obligation or
expenditure of such funds.
Limit on use of grant funds for grantees' employees' salaries
With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses)
to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable
to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES
Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher
rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at
the discretion of the OJP official indicated in the program announcement under which this award is made.
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of
$30,000 or more and, in certain circumstances, to report the names and total compensation of the five most
highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award
funds. The details of recipient obligations, which derive from the Federal Funding Accountability and
Transparency Act of 2006 (FFATA), are posted on the OJP web site at
https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive
Compensation), and are incorporated by reference here.
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This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or
(2) an award made to an individual who received the award as a natural person (i.e., unrelated to any
business or non-profit organization that he or she may own or operate in his or her name).
Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on
civil, criminal, and administrative proceedings connected with (or connected to the performance of) either
this OJP award or any other grant, cooperative agreement, or procurement contract from the federal
government. Under certain circumstances, recipients of OJP awards are required to report information about
such proceedings, through the federal System for Award Management (known as "SAM"), to the designated
federal integrity and performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain
civil, criminal, and administrative proceedings to the federal designated integrity and performance system
(currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm
(Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS),
and are incorporated by reference here.
The recipient agrees to comply with all Federal, State, and local environmental laws and regulations
applicable to the development and implementation of the activities to be funded under this award.
Environmental Assessment (EA): The activities the recipient has proposed to conduct under this award fall
within the scope of a BJA Programmatic EA that complies with the National Environmental Policy Act
(NEPA). These activities have been determined not to have a significant impact on the quality of the human
environment.
Modifications: Throughout the term of this award, the recipient agrees that for any activity that is the subject
of a completed EA, it will inform BJA of-- (1) any change(s) that it is considering making to the previously
assessed activity that may be relevant to environmental impact; or (2) any proposed new activities or
changed circumstances that may require assessment as to environmental impact, such as new activities
that involve the use of chemicals or involve construction or major renovation. The recipient will not
implement a proposed change or new activity until BJA, with the assistance of the recipient, has determined
whether the proposed change or new activity (or changed circumstances) will require additional review
under NEPA. Approval for implementation will not be unreasonably withheld as long as any requested
modification(s) is consistent with eligible program purposes and found acceptable under a BJA-conducted
environmental impact review process.
Recipient may not obligate, expend, or drawdown funds until the Bureau of Justice Assistance, Office of
Justice Programs has reviewed and approved the Budget Narrative portion of the application and has issued
an Award Condition Modification (ACM) informing the recipient of the approval.
No more data to load
I have read and understand the information presented in this section of the Federal Award Instrument.
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Declaration and Certification to the U.S. Department of Justice as to Acceptance
By checking the declaration and certification box below, I--
A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have
authority to make this declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of
my knowledge and belief, that the following are true as of the date of this award acceptance: (1)
I have conducted or there was conducted (including by applicant’s legal counsel as appropriate
and made available to me) a diligent review of all terms and conditions of, and all supporting
materials submitted in connection with, this award, including any assurances and certifications
(including anything submitted in connection therewith by a person on behalf of the applicant
before, after, or at the time of the application submission and any materials that accompany this
acceptance and certification); and (2) I have the legal authority to accept this award on behalf of
the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the
applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration
and certification, DOJ will rely upon this declaration and certification as a material
representation; and (2) I understand that any materially false, fictitious, or fraudulent information
or statement in this declaration and certification (or concealment or omission of a material fact
as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001
and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to
civil penalties and administrative remedies under the federal False Claims Act (including under
31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Title of Approving Official
Deputy Assistant Attorney
General
Name of Approving Official
Maureen Henneberg
Signed Date And Time
9/21/22 8:32 AM
Title of Authorized Entity Official
Oakland County Commission Chairman
Signed Date And Time
——
Award Acceptance
Agency Approval
Authorized Representative
Entity Acceptance
FY 2022 CEBR Proposal Narrative
Oakland County Sheriff’s Office
Page 1 of 9
DESCRIPTION OF THE ISSUE
The Oakland County Sheriff’s Office (OCSO) provides law enforcement and forensic
laboratory services to Oakland County and its neighboring communities in Southeast Michigan -
a population of more than 1.2 million residents. In addition to its local customer base, OCSO
provides services to more than 50 regional police departments, sheriff’s offices, and federal
agencies. The OCSO Forensic Science Laboratory is accredited by ANAB: ANSI-ASQ to
ISO/IEC 17025:2017 and AR 3125 standards, and participates in external audits in compliance
with the FBI’s Quality Assurance Standards (QAS).
As is common throughout the country, investigation and prosecution timelines in Michigan
are hindered by casework backlogs and forensic laboratories with capacity constraints are
challenged to meet the demand for testing. Historically, regional requests for DNA analysis were
submitted solely to the Michigan State Police Forensic Science Division – a laboratory system
with resource limitations of its own. In 2017, the OCSO Forensic Science Laboratory added
Biology to its scope of service, expanding biological screening and DNA testing capacity in
Southeast Michigan.
OCSO’s DNA Biology unit was established following a multi-year strategic planning process,
which took into account the needs and expectations of more than 40 law enforcement agency
stakeholders. The unit’s original composition included two forensic biologists (analysts), which
was the baseline staffing recommendation to meet the needs of its internal customers at that time.
The laboratory’s strategic plan projected up to 13 analysts would be required to fully meet the
FY 2022 CEBR Proposal Narrative
Oakland County Sheriff’s Office
Page 2 of 9
needs of its customer base (both internal and external) and OCSO’s plan for DNA service delivery
calls for a progressive staffing increase towards this count, as resources can be identified.
Startup funding for the DNA Biology unit was secured by leveraging a variety of local
resources to build out, equip, staff, and accredit OCSO’s DNA laboratory. While the OCSO
operating budget includes permanent funding to maintain the unit’s baseline staffing level, the
County’s sizeable investment in startup and ongoing operational costs means that local funding
will not be available for unit growth for the foreseeable future.
OCSO was awarded FY 2018 CEBR funding to hire a third analyst; the position was filled
by an individual with prior laboratory experience who began contributing to casework in
December of 2019. At that time, the DNA Biology unit had a backlog of 292 cases and a
turnaround time of 118 days. Shortly after, the Michigan State Police announced plans to close its
Sterling Heights laboratory and move Biology services to the Metro Detroit regional lab.
Subsequently, law enforcement agencies that had previously used the Sterling Heights lab began
submitting evidence to OCSO for DNA analysis. OCSO’s resources were insufficient to meet the
increased demand for testing and the DNA Biology unit began prioritizing rush cases, sexual
assault kits, and violent crime submissions.
In response, laboratory management transferred a vacant position from another discipline
to the DNA Biology unit for added support and OCSO sought and received FY 2019 CEBR
funding to hire two additional analysts. These positions were filled in September and December
of 2020, bringing the unit’s analyst count to six: three permanent County-funded positions and
FY 2022 CEBR Proposal Narrative
Oakland County Sheriff’s Office
Page 3 of 9
three grant-funded positions. While these efforts laid the groundwork for a much needed increase
in capacity, the full impact of these positions was not realized until the new analysts completed
training and were released for casework in July of 2021 and April of 2022. Subsequent turnover
in one of the unit’s County-funded positions allowed a grant-funded analyst to transfer into a
permanent position at the end of April; the resulting CEBR vacancy is expected to be backfilled
with an experienced candidate in July of 2022.
Despite an overall increase in staffing, evidence submission continues to outweigh DNA
Biology unit capacity. Over the past three years, DNA test requests have essentially doubled,
resulting in a backlog of 306 cases and an average turnaround time of 217 days at the time of
application:
Submission Comparison 2019 2020 2021
Violent Crime Requests 156 241 305
Total Requests 367 470 668
While the current backlog count represents an improvement over a unit high of 464 cases in
November of 2021, turnaround time continues to increase - due in part to the unit’s focus on rush
cases, sexual assault kits, and violent crime submissions which tend to involve more evidence and
take longer to complete than non-violent casework.
As noted above, due to the sizeable commitment of local resources for DNA startup costs,
baseline operating expenses, and the County’s current fiscal constraints, OCSO is unlikely to
receive an increase in local funding for laboratory growth for the foreseeable future. As a result,
FY 2022 CEBR Proposal Narrative
Oakland County Sheriff’s Office
Page 4 of 9
OCSO must pursue external funding opportunities in order to maintain and expand the laboratory’s
testing capacity and CEBR support remains a critical resource in this effort.
PROGRAM DESIGN AND IMPLEMENTATION
FY 2022 CEBR funding is requested to support the OCSO Forensic Science Laboratory’s
mission: to provide its clients, the criminal justice system, and the individuals of the communities
that it serves with the highest quality of forensic services in an efficient and timely manner.
Specifically, grant funds are requested for continued staffing support, mixture interpretation
software, and supplies and equipment to establish an additional DNA extraction workstation,
which will help maximize throughput and reduce the laboratory’s backlog of DNA samples
awaiting analysis.
Staffing – Continuation:
OCSO initiated its progressive staffing increase with the support of prior year CEBR
funding, which allowed the laboratory to establish three much needed analyst positions. These
positions are funded under OCSO’s FY 2021 CEBR award through September of 2023 and FY
2022 CEBR funding is requested to retain the positions for an additional 12-month period. All
three analysts will be fully qualified for casework before transitioning to the FY 2022 grant and
will actively contribute to casework during the second year of the award period.
These analysts will have a positive impact on unit throughput and turnaround time,
improving OCSO’s ability to comply with legislative expectations that all sexual assault kits
submitted to the laboratory for testing be analyzed within 90 days of receipt. Continued funding
FY 2022 CEBR Proposal Narrative
Oakland County Sheriff’s Office
Page 5 of 9
for these positions will help the unit to address its casework backlog, alleviate existing constraints
that led to its formation, and prevent additional bottlenecks from forming at other stages of the
workflow. It’s anticipated that each grant-funded analyst will complete 5-10 cases per month, on
average. Combined, these positions will complete a minimum of 180 cases over a 12-month
period, above and beyond what the laboratory is capable of analyzing without continued CEBR
support. All eligible profiles obtained with FY 2022 funding will be entered into CODIS and
uploaded to NDIS, when applicable, in accordance with NDIS DNA Data Acceptance Standards.
Implementation Timeline: CEBR-Funded Analysts
October 2023 OCSO’s three existing grant-funded analysts transition
from OCSO’s FY 2021 CEBR grant to the FY 2022 award.
October 2023 – September
2024
Grant-funded analysts actively contribute to DNA Biology
unit casework.
October 2024 All three positions transition to subsequent CEBR award.
Mixture Interpretation Software:
OCSO previously purchased and validated STRmix software as a statistical analysis tool
for DNA mixture interpretation. FY 2022 CEBR funds are requested to purchase an additional
STRmix user license and maintenance agreement for the DNA Biology Unit for a 12-month period.
OCSO expects to initiate this purchase in the first year of the award period, shortly after the
withholding condition is lifted from this award.
Extraction Workspace:
FY 2022 CEBR funds are also requested to purchase an AutoMate benchtop extraction
instrument, centrifuge, and pipettes to create an additional workspace within the DNA laboratory.
FY 2022 CEBR Proposal Narrative
Oakland County Sheriff’s Office
Page 6 of 9
The additional workstation will allow more analysts to process samples at one time, increasing
throughput at the extraction phase. The DNA Biology Unit has sufficient room to accommodate
an additional workstation and expects to purchase these items as soon as the withholding condition
is lifted from this award.
Mandatory Training:
Lastly, grant funding is requested to participate in mandatory DOJ-sponsored training, as
specified in the FY 2022 CEBR solicitation. Members of OCSO’s project management team will
attend annual in-person forensic workshops in the Washington D.C area focused on elements of a
successful project and key issues addressing forensic DNA processing for NDIS-participating
laboratories. Project personnel plan to attend workshops in 2023 and 2024 and will make
arrangements to do so once dates are announced.
CAPABILITIES AND COMPETENCIES
The laboratory’s grant awards are jointly administered by OCSO’s lab director and a
consultant with more than 17 years of grant management experience specific to NIJ and BJA
forensic science programs. OCSO’s lab director and grant management consultant will have
primary responsibility for administering the FY 2022 CEBR award and will be supported in this
effort by the laboratory’s DNA Technical Leader, who will supervise the grant-funded analysts.
The DNA technical leader will have primary responsibility for collecting and validating the
performance metric data associated with this award, as noted in the Data Collection Plan below.
Additional qualifications and experience for OCSO’s FY 2022 CEBR project management team
are detailed in their professional CVs, which are provided as an attachment to this proposal.
FY 2022 CEBR Proposal Narrative
Oakland County Sheriff’s Office
Page 7 of 9
Project Staff Role
Kent Gardner Laboratory Director
Dorothy Catella DNA Biology Lab Supervisor/Technical Leader
Abby Meyer Grant Management Consultant
DATA COLLECTION PLAN
CEBR performance metrics will be captured and reported using OCSO’s laboratory
information management system (JusticeTrax) and Sample Tracking and Control Software for
Casework (STACS-CW). Specifically, case-related data will be pulled from JusticeTrax and
sample-related data will be obtained from STACS-CW. Confidence in the pairing of these systems
was established through an internal validation which confirmed that STACS-CW software: was
installed and configured properly, communicates appropriately with JusticeTrax, transfers case
information without error; and collects and stores data in a secure and retrievable manner. Both
STACS-CW and JusticeTrax are backed up nightly in accordance with County protocol.
Submission, completion, turnaround time, backlog, and CODIS metrics will be monitored
monthly and reported to BJA through the PMT and/or JustGrants systems on a semi-annual basis,
for the life of the award. Vendor laboratory metrics are not applicable at the time of application,
but OCSO acknowledges them and agrees to capture and report this information in the event that
outsourcing is added to the scope of the FY 2022 CEBR award through a grant award modification
(GAM) at a later date.
FY 2022 CEBR Proposal Narrative
Oakland County Sheriff’s Office
Page 8 of 9
The laboratory’s DNA technical leader will have primary responsibility for running system
reports, confirming data accuracy, and calculating CEBR-specific metrics each reporting period.
Performance measure data will be available for review for a minimum of 3 years post award, as
required, and data can be exported from LIMS for manual verification as needed.
MITIGATION PLAN
In the event that unusual or unanticipated circumstances arise that may have negative implications
for FY 2022 project goals, OCSO will:
Evaluate potential impact on throughput and turnaround time;
Determine whether resources can/should be reprioritized to mitigate the impact;
Adjust expected results for the award period, accordingly, to ensure they remain
reasonable and achievable.
Other courses of action which may be considered include maintaining a list of potential candidates
to expedite the backfilling of any CEBR-funded position that becomes vacant during the award
period and revisiting the laboratory’s evidence submission guidelines in the event that DNA test
requests continue to climb.
FY 2022 CEBR Proposal Narrative
Oakland County Sheriff’s Office
Page 9 of 9
BASELINE BACKLOG DATA
Baseline Backlog Data: Casework Laboratories
Number of untested/not completed forensic biology/DNA cases on hand on January 1, 2021.407
Number of untested/not completed forensic biology/DNA cases more than 30 days old (backlogged)
on January 1, 2021.364
Please estimate percentage of the backlogged cases that were from property crimes.78.5%
Number of new cases for forensic biology/DNA received in 2021. 668
Please estimate percentage of these cases that were from property crimes.54.35%
Total number of forensic biology/DNA cases completed in 2021. 520
Please estimate percentage of these cases that were property crimes.35.5%
Forensic biology/DNA cases closed by administrative means in 2021.14
Number of untested/not completed forensic biology/DNA cases on hand on December 31, 2021.505
Number of untested/not completed forensic biology/DNA cases more than 30 days old (backlogged)
on December 31, 2021.457
The average number of days needed to complete (including peer review and report) non-priority
forensic DNA cases for calendar year 2021. Please indicate violent crime time with a “V” and the
nonviolent crime time with “NV.” If the applicant cannot separate violent and nonviolent cases, give
the number with no other markings.
197.3