[Title 28 CFR 34]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 34 - OJJDP COMPETITION AND PEER REVIEW PROCEDURES]
[From the U.S. Government Printing Office]


28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseOJJDP COMPETITION AND PEER REVIEW PROCEDURES34PART 34JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICE
PART 34--OJJDP COMPETITION AND PEER REVIEW PROCEDURES--Table of Contents




                         Subpart A--Competition

Sec.
34.1  Purpose and applicability.
34.2  Exceptions to applicability.
34.3  Selection criteria.
34.4  Additional competitive application requirements and procedures.

                         Subpart B--Peer Review

34.100  Purpose and applicability.
34.101  Exceptions to applicability.
34.102  Peer review procedures.
34.103  Definition.
34.104  Use of peer review.
34.105  Peer review methods.
34.106  Number of peer reviewers.
34.107  Use of Department of Justice staff.
34.108  Selection of reviewers.
34.109  Qualifications of peer reviewers.
34.110  Management of peer reviews.
34.111  Compensation.

Subpart C--Emergency Expedited Review [Reserved]

    Authority: Juvenile Justice and Delinquency Prevention Act of 1974, 
as amended, (42 U.S.C. 5601 et seq.).

    Source: 55 FR 39234, Sept. 25, 1990, unless otherwise noted.



                         Subpart A--Competition



Sec. 34.1  Purpose and applicability.

    (a) This subpart of the regulation implements section 262(d)(1) (A) 
and (B) of the Juvenile Justice and Delinquency Prevention Act of 1974, 
as amended (42 U.S.C. 5601 et seq.). This provision requires that 
project applications, selected for categorical assistance awards under 
part C--National Programs shall be selected through a competitive 
process established by rule by the Administrator, OJJDP. The statute 
specifies that this process must include announcement in the Federal 
Register of the availability of funds for assistance programs, the 
general criteria applicable to the selection of applications for 
assistance, and a description of the procedures applicable to the 
submission and review of assistance applications.
    (b) This subpart of the regulation applies to all grant, cooperative 
agreement, and other assistance awards selected by the Administrator, 
OJJDP, or the Administrator's designee, under part C--National Programs, 
of the Juvenile Justice and Delinquency Prevention Act of 1974, as 
amended, except as provided in the exceptions to applicability set forth 
below.



Sec. 34.2  Exceptions to applicability.

    The following are assistance and procurement contract award 
situations that OJJDP considers to be outside the scope of the section 
262(d)(1) competition requirement:
    (a) Assistance awards to initially fund or continue projects if the 
Administrator has made a written determination that the proposed program 
is not within the scope of any program announcement expected to be 
issued, is otherwise eligible for an award, and the proposed project is 
of such outstanding merit, as determined through peer review under 
subpart B of this part, that an assistance award without competition is 
justified (section 262(d)(1)(B)(i));
    (b) Assistance awards to initially fund or continue training 
services to be funded under part C, section 244, if the Administrator 
has made a written determination that the applicant is uniquely 
qualified to provide proposed training services and other qualified 
sources are not capable of providing such services (section 
262(d)(1)(B)(ii));
    (c) Assistance awards of funds transferred to OJJDP by another 
Federal agency to augment authorized juvenile justice programs, 
projects, or purposes;
    (d) Funds transferred to other Federal agencies by OJJDP for program 
purposes as authorized by law;
    (e) Procurement contract awards which are subject to applicable 
Federal laws and regulations governing the procurement of goods and 
services for the benefit and use of the government;
    (f) Assistance awards from the 5% ``set aside'' of Special Emphasis 
funds under section 261(e); and

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    (g) Assistance awards under section 241(f).



Sec. 34.3  Selection criteria.

    (a) All individual project applications will, at a minimum, be 
subject to review based on the extent to which they meet the following 
general selection criteria:
    (1) The problem to be addressed by the project is clearly stated;
    (2) The objectives of the proposed project are clearly defined;
    (3) The project design is sound and contains program elements 
directly linked to the achievement of project objectives;
    (4) The project management structure is adequate to the successful 
conduct of the project;
    (5) Organizational capability is demonstrated at a level sufficient 
to successfully support the project; and
    (6) Budgeted costs are reasonable, allowable and cost effective for 
the activities proposed to be undertaken.
    (b) The general selection criteria set forth under paragraph (a) of 
this section, may be supplemented for each announced competitive program 
by program-specific selection criteria for the particular part C 
program. Such announcements may also modify the general selection 
criteria to provide greater specificity or otherwise improve their 
applicability to a given program. The relative weight (point value) for 
each selection criterion will be specified in the program announcement.



Sec. 34.4  Additional competitive application requirements and procedures.

    (a) Applications for grants. Any applicant eligible for assistance 
may submit on or before such submission deadline date or dates as the 
Administrator may establish in program announcements, an application 
containing such pertinent information and in accordance with the forms 
and instructions as prescribed therein and any additional forms and 
instructions as may be specified by the Administrator. Such application 
shall be executed by the applicant or an official or representative of 
the applicant duly authorized to make such application and to assume on 
behalf of the applicant the obligations imposed by law, applicable 
regulations, and any additional terms and conditions of the assistance 
award. The Administrator may require any applicant eligible for 
assistance under this subpart to submit a preliminary proposal for 
review and approval prior to the acceptance of an application.
    (b) Cooperative arrangements. (1) When specified in program 
announcements, eligible parties may enter into cooperative arrangements 
with other eligible parties, including those in another State, and 
submit joint applications for assistance.
    (2) A joint application made by two or more applicants for 
assistance may have separate budgets corresponding to the programs, 
services and activities performed by each of the joint applicants or may 
have a combined budget. If joint applications present separate budgets, 
the Administrator may make separate awards, or may award a single 
assistance award authorizing separate amounts for each of the joint 
applicants.
    (c) Evaluation of applications submitted under part C of the Act. 
All applications filed in accordance with Sec. 34.1 of this subpart for 
assistance with part C--National Programs funds shall be evaluated by 
the Administrator through OJJDP and other DOJ personnel (internal 
review) and by such experts or consultants required for this purpose 
that the Administrator determines are specially qualified in the 
particular part C program area covered by the announced program (peer 
review). Supplementary application review procedures, in addition to 
internal review and peer review, may be used for each competitive part C 
program announcement. The program announcement shall clearly state the 
application review procedures (peer review and other) to be used for 
each competitive part C program announcement.
    (d) Applicant's performance on prior award. When the applicant has 
previously received an award from OJJDP or another Federal agency, the 
applicant's noncompliance with requirements applicable to such prior 
award as reflected in past written evaluation reports and memoranda on 
performance, and the completeness of required submissions, may be 
considered by the Administrator. In any case where the

[[Page 502]]

Administrator proposes to deny assistance based upon the applicant's 
noncompliance with requirements applicable to a prior award, the 
Administrator shall do so only after affording the applicant reasonable 
notice and an opportunity to rebut the proposed basis for denial of 
assistance.
    (e) Applicant's fiscal integrity. Applicants must meet OJP standard 
of fiscal integrity (see OJP M 7100.1C, par. 24 and OJP HB 4500.2B, par. 
48 a and b).
    (f) Disposition of applications. On the basis of competition and 
applicable review procedures completed pursuant to this regulation, the 
Administrator will either:
    (1) Approve the application for funding, in whole or in part, for 
such amount of funds, and subject to such conditions as the 
Administrator deems necessary or desirable for the completion of the 
approved project;
    (2) Determine that the application is of acceptable quality for 
funding, in that it meets minimum criteria, but that the application 
must be disapproved for funding because it did not rank sufficiently 
high in relation to other applications approved for funding to qualify 
for an award based on the level of funding allocated to the program; or
    (3) Reject the application for failure to meet the applicable 
selection criteria at a sufficiently high level to justify an award of 
funds, or for other reason which the Administrator deems compelling, as 
provided in the documentation of the funding decision.
    (g) Notification of disposition. The Administrator will notify the 
applicant in writing of the disposition of the application. A signed 
Grant/Cooperative Agreement form will be issued to notify the applicant 
of an approved project application.
    (h) Effective date of approved grant. Federal financial assistance 
is normally available only with respect to obligations incurred 
subsequent to the effective date of an approved assistance project. The 
effective date of the project will be set forth in the Grant/Cooperative 
Agreement form. Recipients may be reimbursed for costs resulting from 
obligations incurred before the effective date of the assistance award, 
if such costs are authorized by the Administrator in the notification of 
assistance award or subsequently in writing, and otherwise would be 
allowable as costs of the assistance award under applicable guidelines, 
regulations, and award terms and conditions.



                         Subpart B--Peer Review



Sec. 34.100  Purpose and applicability.

    (a) This subpart of the regulation implements section 262(d)(2) of 
the Juvenile Justice and Delinquency Prevention Act of 1974, as amended. 
This provision requires that projects funded as new or continuation 
programs selected for categorical assistance awards under part C--
National Programs shall be reviewed before selection and thereafter as 
appropriate through a formal peer review process. Such process must 
utilize experts (other than officials and employees of the Department of 
Justice) in fields related to the technical and/or subject matter of the 
proposed program.
    (b) This subpart of the regulation applies to all applications for 
grants, cooperative agreements, and other assistance awards selected by 
the Administrator, OJJDP, for funding under part C--National Programs 
that are being considered for competitive and noncompetitive (including 
continuation) awards to begin new project periods, except as provided in 
the exceptions to applicability set forth below.



Sec. 34.101  Exceptions to applicability.

    The assistance and procurement contract situations specified in 
Sec. 34.2 (c), (d), (e), (f), and (g) of subpart A of this part are 
considered by OJJDP to be outside the scope of the section 262(d) peer 
review requirement as set forth in this subpart.



Sec. 34.102  Peer review procedures.

    The OJJDP peer review process is contained in an OJJDP ``Peer Review 
Guideline,'' developed in consultation with the Directors and other 
appropriate officials of the National Science Foundation and the 
National Institute of Mental Health. In addition to specifying 
substantive and procedural matters related to the peer review process, 
the ``Guideline'' addresses such issues

[[Page 503]]

as standards of conduct, conflict of interest, compensation of peer 
reviewers, etc. The ``Guideline'' describes a process that evolves in 
accordance with experience and opportunities to effect improvements. The 
peer review process for all part C--National Programs assistance awards 
subject to this regulation will be conducted in a manner consistent with 
this subpart as implemented in the ``Peer Review Guideline''.



Sec. 34.103  Definition.

    Peer review means the technical and programmatic evaluation by a 
group of experts (other than officers and employees of the Department of 
Justice) qualified by training and experience to give expert advice, 
based on selection criteria established under subpart A of this part, in 
a program announcement, or as established by the Administrator, on the 
technical and programmatic merit of assistance.



Sec. 34.104  Use of peer review.

    (a) Peer review for competitive and noncompetitive applications. (1) 
For competitive applications, each program announcement will indicate 
the program specific peer review procedures and selection criteria to be 
followed in peer review for that program. In the case of competitive 
programs for which a large number of applications is expected, 
preapplications (concept papers) may be required. Preapplications will 
be reviewed by qualified OJJDP staff to eliminate those pre-applications 
which fail to meet minimum program requirements, as specified in a 
program announcement, or clearly lack sufficient merit to qualify as 
potential candidates for funding consideration. The Administrator may 
subject both pre-applications and formal applications to the peer review 
process.
    (2) For noncompetitive applications, the general selection criteria 
set forth under subpart A of this part may be supplemented by program 
specific selection criteria for the particular part C program. 
Applicants for noncompetitive continuation awards will be fully informed 
of any additional specific criteria in writing.
    (b) When formal applications are required in response to a program 
announcement, an initial review will be conducted by qualified OJJDP 
staff, in order to eliminate from peer review consideration applications 
which do not meet minimum program requirements. Such requirements will 
be specified in the program announcement. Applications determined to be 
qualified and eligible for further consideration will then be considered 
under the peer review process.
    (c) Ratings will be in the form of numerical scores assigned by 
individual peer reviewers as illustrated in the OJJDP ``Peer Review 
Guideline.'' The results of peer review under a competitive program will 
be a relative aggregate ranking of applications in the form of ``Summary 
Ratings.'' The results of peer review for a noncompetitive new or 
continuation project will be in the form of numerical scores based on 
criteria established by the Administrator.
    (d) Peer review recommendations, in conjunction with the results of 
internal review and any necessary supplementary review, will assist the 
Administrator's consideration of competitive, noncompetitive, 
applications and selection of applications for funding.
    (e) Peer review recommendations are advisory only and are binding on 
the Administrator only as provided by section 262(d)(B)(i) for 
noncompetitive assistance awards to programs determined through peer 
review not to be of such outstanding merit that an award without 
competition is justified. In such case, the determination of whether to 
issue a competitive program announcement will be subject to the exercise 
of the Administrator's discretion.



Sec. 34.105  Peer review methods.

    (a) For both competitive and noncompetitive applications, peer 
review will normally consist of written comments provided in response to 
the general selection criteria established under subpart A of this part 
and any program specific selection criteria identified in the program 
announcement or otherwise established by the Administrator, together 
with the assignment of numerical values. Peer review may be conducted at 
meetings with peer reviewers held under OJJDP oversight, through mail 
reviews, or a

[[Page 504]]

combination of both. When advisable, site visits may also be employed. 
The method of peer review anticipated for each announced competitive 
program, including the evaluation criteria to be used by peer reviewers, 
will be specified in each program announcement.
    (b) When peer review is conducted through meetings, peer review 
panelists will be gathered together for instruction by OJJDP, including 
review of the OJJDP ``Peer Review Guideline''. OJJDP will oversee the 
conduct of individual and group review sessions, as appropriate. When 
time or other factors preclude the convening of a peer review panel, 
mail reviews will be used. For competitive programs, mail reviews will 
be used only where the Administrator makes a written determination of 
necessity.



Sec. 34.106  Number of peer reviewers.

    The number of peer reviewers will vary by program (as affected by 
the volume of applications anticipated or received). OJJDP will select a 
minimum of three peer reviewers (qualified individuals who are not 
officers or employees of the Department of Justice) for each program or 
project review in order to ensure a diversity of backgrounds and 
perspectives. In no case will fewer than three reviews be made of each 
individual application.



Sec. 34.107  Use of Department of Justice staff.

    OJJDP will use qualified OJJDP and other DOJ staff as internal 
reviewers. Internal reviewers determine applicant compliance with basic 
program and statutory requirements, review the results of peer review, 
and provide overall program evaluation and recommendations to the 
Administrator.



Sec. 34.108  Selection of reviewers.

    The Program Manager, through the Director of the OJJDP program 
division with responsibility for a particular program or project will 
propose a selection of peer reviewers from an extensive and varied pool 
of juvenile justice and delinquency prevention experts for approval by 
the Administrator. The selection process for peer reviewers is detailed 
in the OJJDP ``Peer Review Guideline''.



Sec. 34.109  Qualifications of peer reviewers.

    The general reviewer qualification criteria to be used in the 
selection of peer reviewers are:
    (a) Generalized knowledge of juvenile justice or related fields; and
    (b) Specialized knowledge in areas or disciplines addressed by the 
applications to be reviewed under a particular program.
    (c) Must not have a conflict of interest (see OJP M7100.1C, par. 
94).

Additional details concerning peer reviewer qualifications are provided 
in the OJJDP ``Peer Review Guideline''.



Sec. 34.110  Management of peer reviews.

    A technical support contractor may assist in managing the peer 
review process.



Sec. 34.111  Compensation.

    All peer reviewers will be eligible to be paid according to 
applicable regulations and policies concerning consulting fees and 
reimbursement for expenses. Detailed information is provided in the 
OJJDP ``Peer Review Guideline''.

Subpart C--Emergency Expedited Review [Reserved]