Additional Contract Terms And Conditions 1 DEFINITIONS A

additional contract terms and conditions ======================================== 1. definitions. a. contracting officer. when the de

Additional contract terms and conditions
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1. DEFINITIONS.
A. Contracting Officer. When the Department is acting as the
purchasing agency, this Subparagraph A shall supersede Paragraph 3(b)
of the Standard Contract Terms and Conditions – Paper Contract (Rev.
08/09/2018). The term “Contracting Officer” shall be defined as the
sole person designated to act for the Department in the processing of
this Contract and receipt of written notices of controversy or claims
pertaining to the Contract. The person so designated is the Deputy
Secretary for Administration or his or her designee.
B. Project Officer. The person designated to act for the Department in
otherwise administering this Contract.
C. Department. The Pennsylvania Department of Health.
2. INSURANCE AND TAXES.
The Contractor shall provide public liability, property damage and
workers' compensation insurance, insuring as they may appear, the
interests of all parties to the Agreement against any and all claims
which may arise out of Contractor's operations under the terms of this
Agreement. The Contractor shall accept full responsibility for the
payment of premiums for workers' compensation and social security as
well as all income tax deductions and any other taxes or payroll
deductions required by law for its employees who are performing
services specified by this Agreement.
3. SUBCONTRACT APPROVALS.
The officials who are authorized to give approval for the Department
in regard to subcontracting, are the Secretary, the appropriate Deputy
Secretary, the Contracting Officer or the Project Officer. Any such
approval must be in writing to be valid.
4. APPLICABILITY OF TERM, “PURCHASE ORDER”.
The parties agree that when the agreement between the Contractor and
the Department is memorialized in a paper contract, signed in ink by
the parties, any reference to a “purchase order,” in the contract
shall be read to mean the contract itself.
5. AVAILABILITY OF INFORMATION.
During the period of this Agreement, all information obtained by the
Contractor through work on the project shall be made available to the
Department immediately upon demand.
6. FISCAL AND PROGRAM RECORDS.
This Paragraph 6 replaces Paragraph 22 (Audit Provisions) of the
Standard Contract Terms and Conditions – Paper Contract (Rev.
08/09/2018).
A.
The Contractor agrees to maintain program and fiscal records
required by the Department. For purposes of this Contract, “fiscal
and program records” shall include, but not be limited to, books,
records, documents, subgrants or subcontracts and other evidence
pertaining to the costs and expenses of this Agreement, records
relating services being provided, statistical information
collected in the course of performing services, policies and
procedures, information relating to staff and job descriptions,
and all information necessary for the Contractor to perform the
work required under the Contract. The Contractor agrees that a
program and facilities review, including meetings with consumers,
review of service records, review of service policy and procedural
issuances, review of staffing ratios and job descriptions, and
meetings with any staff directly or indirectly involved in the
provision of services may be conducted at any reasonable time by
state and Federal personnel and other persons duly authorized by
the Department.
B.
The Contractor agrees to maintain statistical records required by
the Department to produce program narrative and statistical data
at times prescribed by, and on forms furnished by the Department.
C.
The Contractor agrees to maintain fiscal records to the extent and
in such detail as will properly reflect all net costs, direct and
indirect, of labor, materials, equipment, supplies and services
and other costs and expenses of whatever nature for which
reimbursement is claimed under the provisions of this Grant. If
Contractor is not a public body, Contractor agrees to maintain
books, records, documents and other evidence in accordance with
accounting procedures and practices which meet generally accepted
accounting principles.
D.
If this Contract provides funding for a clinic or program which
receives income or funding other than directly through this
Contract (such as, but not limited to, third party reimbursement
for patients), the Contractor agrees that all parts of this
Paragraph 6 of these Additional Contract Terms and Conditions
shall also apply to Contractor's records pertaining to such other
sources of funding or income supporting the clinic or program.
E.
The Contractor agrees to make available at the Office of the
Contractor at all reasonable times during the term of this
Contract and the period set forth in Paragraph 7 below, any of the
records for inspection, audit or reproduction by any authorized
representative of the Department, the Department's Comptroller,
the Auditor General, the Inspector General or Federal auditors.
F.
The provisions of this Paragraph 6 shall be applicable to and
included in each sub-grant or sub-contract entered into by the
Contractor in the performance of this Contract. Paragraph
G.
The Contractor agrees to collect statistical data of a fiscal
nature on a regular basis and to make fiscal statistical reports
at times prescribed by, and on forms furnished by the Department.
7. RECORD RETENTION REQUIREMENTS.
All records kept pursuant to Paragraph 6 shall be retained pursuant to
the provisions of this Paragraph 7. This Paragraph 7 replaces
Paragraph 22 (Audit Provisions) of the Standard Contract Terms and
Conditions – Paper Contract (Rev. 08/09/2018):
A.
The Contractor shall preserve and make available its records for a
period of four years from the date of final payment under this
Agreement, and for such period, if any, as is required by
applicable statute, by any other paragraph of this Agreement, or
by sub-paragraphs (1) or (2) below.
(1) If this Agreement is completely or partially terminated, the
records relating to the work terminated shall be preserved and made
available for a period of five years from the date of any resulting
final payment.
(2) Records which relate to litigation or the settlement of claims
arising out of the performance of this Agreement, or costs and
expenses of this Agreement as to which exception has been taken by the
auditors, shall be retained by the Contractor until such litigation,
claims, or exceptions have been disposed of.
B. Except for the records described in sub-paragraph A (2) above, the
Contractor may, in fulfillment of its obligation to retain its records
as required by this paragraph, substitute photographs,
microphotographs, or other authentic reproductions of such records,
after the expiration of two years following the last day of the month
of reimbursement to the Contractor of the invoice or voucher to which
such records relate, unless a shorter period is authorized by the
Department, with the concurrence of the auditors.
8. FEDERAL FUNDS.
The Contractor certifies that the Federal funds provided by this
Agreement do not replace or supplant in any way any other funds,
whether state, local or private, being used to provide already
existing services. Contractor further certifies that the services to
be provided under this Agreement are not already available without
cost. Contractor further certifies that the addition of Federal funds
will result in a commensurate program expansion.
9. QUALITY ASSURANCE.
Unless otherwise provided herein, the Contractor with due diligence
shall furnish all necessary qualified personnel, material and
equipment, managing and directing same to complete the work required
by this Agreement. The Contractor's work hereunder shall be monitored
by the Project Officer and the Project Officer's designated
representatives. If requested by the Department, Contractor shall
produce or provide special reports to the Department in a timeframe
and format specified by the Department.
10. PROGRAM CHANGES.
In accordance with the requirements of Paragraph 39 (Changes) of the
Standard Contract Terms and Conditions – Paper Contract (Rev.
08/09/2018), changes may be made by the Department to the Contract,
extension or renewal, except that the changes shall be made by the
Project Officer notifying the Contractor in writing, and not the
Contracting Officer, as stated in that Paragraph.
11. WRITTEN COMMITMENT.
Any written commitment or representation of the Contractor made within
the scope of this Agreement shall, if accepted by the Project Officer
in writing, be binding upon the Contractor and shall be incorporated
as a part of this Agreement.
12. KEY PERSONNEL.
The personnel specified in this Agreement are considered to be
essential to the work being performed hereunder. Prior to diverting
any of the specified individuals to other programs, the Contractor
shall notify the Project Officer reasonably in advance and shall
submit justification including proposed substitutions, in sufficient
detail to permit evaluation of the impact on the program. No diversion
shall be made by the Contractor without the written consent of the
Project Officer.
13. INSPECTION AND ACCEPTANCE.
Final inspection and acceptance of all work required under this
Agreement shall be performed by the Project Officer.
14. TRAVEL AND SUBSISTENCE COSTS.
The Department shall not be liable for travel or subsistence costs
except as specifically set forth in this Agreement.
15. OWNERSHIP RIGHTS.
This Paragraph 15 replaces Paragraphs 8 (Patent, Copyright, and
Trademark Indemnity) and 9 (Ownership Rights) of the Standard Contract
Terms and Conditions – Paper Contract (Rev. 08/09/2018):
A.
Definition: The term "data," as used herein, includes but is not
necessarily limited to written reports and analyses, diagrams,
maps, system designs, computer programs, flow charts, software,
magnetic tapes, diskettes, drawings, studies, manuals, brochures,
advertisements, documents, sketches, papers, files, information,
computer documentation, other tangible materials, and work of any
similar nature which is required to be performed by or for the
Contractor under this Contract or which is incidentally prepared
by or for the Contractor in the performance of this Contract. Data
includes background material prepared by or for the Contractor
incidental to the performance of this Contract. Background
material is defined as original work papers, notes, and drafts
prepared by or for the Contractor to support conclusions in any
final report or product delivered under this Contract, including
but not limited to completed questionnaires, and material in
electronic data processing form, computer programs, and other
tangible materials produced by or for the Contractor during the
term of this Contract and directly related to the services being
rendered. It does not include Contractor's financial reports or
other information incidental to Contract administration.
B.
Preexisting Materials Brought by Contractor to the Project: The
Department shall have no ownership rights to Contractor’s data,
proprietary materials, methodologies or other intellectual
property that Contractor brings to the Project or has previously
developed with or obtained from third parties. Contractor shall
provide a list of all preexisting data, proprietary materials,
methodologies or other intellectual property in connection with
the Contract prior to starting work. Notwithstanding the foregoing
provision, where materials brought by the Contractor to the
Project are necessary to use the deliverables required under this
Grant, the Contractor shall, and hereby effectively does, grant to
the Department a paid-up, nonexclusive, nontransferable license to
use, modify, prepare derivative works, and to grant to third
parties engaged by the Commonwealth the right to use, modify, and
prepare derivative works, from all or any portion of the material
brought by the Contractor to the Project.
C.
Ownership of Data: Any Data that fits the definition of “work made
for hire,” as that term is defined in United States copyright law,
shall be considered a “work made for hire.” All rights to these
Data shall vest in the Department, which shall have sole and
exclusive ownership of all Data. In the event that such Data do
not fall within the specifically enumerated works that constitute
“works made for hire” under the United States copyright laws,
Contractor agrees to assign and, upon their authorship or
creation, expressly and automatically assigns all copyright
interests, proprietary rights, trade secrets, and other right,
title and interest in and to such Data to the Department. The
Department shall have the rights accorded a holder of copyright
under the United States copyright laws including, but not limited
to, the exclusive right to reproduce the Data in copies, the right
to distribute copies by sale or other transfers, the right to
register all copyrights in its own name as author in the United
States and foreign countries, the right to prepare derivative
works based upon the Data, and the right to display the Data. Upon
completion or termination of this Agreement, Contractor shall
immediately deliver all working papers, files, background
material, and other documentation to the Department. Contractor
warrants that the Data are original and do not infringe the rights
of any other work.
D.
Data Processing: All computer programs, tapes, and software
developed under this Agreement, and any data or information
provided to the Department by diskette or electronic means, shall
be compatible with Department computer systems. Specifications, if
not included elsewhere in this Agreement, may be obtained from the
Project Officer.
E.
Federal Government Interests: It is understood that certain
funding under this Agreement may be provided by the Federal
Government. Accordingly, the rights to Data of Contractors or
subcontractors hereunder will be further subject to government
rights as set forth in 37 C.F.R. Section 401, and other applicable
statutes. Notwithstanding the foregoing, the Department retains
the right to share information with the Federal Government
relating to Data developed under a wholly state-funded Contract.
F. Defense of Infringement Claim: The Contractor shall hold the
Commonwealth harmless for any suit or proceeding brought against the
Commonwealth, including the Department, or their officials or
employees, on account of any alleged infringement of any United States
or foreign copyrights, patents, trademarks, or trade secrets arising
out of the performance of this Agreement, including any suit or
proceeding relating to all work, services, materials, reports, studies
and computer programs provided by the Contractor. The Contractor shall
pay all damages and costs awarded therein against the Commonwealth.
Pursuant to the Commonwealth Attorney’s Act 71 P.S. § 732 – 101, et
seq., the Office of Attorney General (OAG) has the sole authority to
represent the Commonwealth in actions brought against the
Commonwealth. The OAG may, however, in its sole discretion and under
the terms it deems appropriate, delegate its right of defense. If
information and assistance are furnished by the Commonwealth at
Contractor's written request, it shall be at the Contractor's expense,
but the responsibility for such expense shall be only that within the
Contractor's written request. If any of the data, materials, reports,
studies or computer programs provided by the Contractor are held to
constitute infringement, and the use of publication thereof is
enjoined in such suit or proceeding, the Contractor shall, at its own
expense and at its option, either procure the right to publish or
continue use of such infringing data, materials, reports, studies or
computer programs, replace them with non-infringing items, or so
modify them so that they are no longer infringing. If after a
reasonable time and good faith effort, the Contractor is unable to
comply with the requirements of the immediately preceding sentence,
the Contractor shall return to the Department that portion of contract
funds expended by the Contractor in relation to the infringing item.
The obligations of the Contractor under this paragraph continue
without time limit.
16. DEPARTMENT APPROVAL AND ATTRIBUTION.
A. All printed material is subject to written preapproval by the
Department. "Printed material" includes, but is not limited to,
notices, informational pamphlets, press releases, research reports,
brochures, manuals, labels, newsletters, artwork, and print
advertisements. All printed material must bear the Department logo and
the names and titles of the Governor and the Secretary of Health
unless otherwise authorized in writing by the Department’s Contracting
Officer. All material produced for radio and television must also be
approved for quality of content and accreditation in writing by the
Department’s Contracting Officer prior to final production as well as
after final production.
B. Department attribution shall be at the Department’s sole
discretion. If the Department requires attribution on printed
materials, the Contractor shall include the following statement on
printed materials released by the Contractor: "This project is funded,
in part, under a contract with the Pennsylvania Department of Health.
Basic data for use in this study were supplied by the Pennsylvania
Department of Health, Harrisburg, Pennsylvania. The Department takes
no part in and is in no way responsible for any analyses,
interpretations or conclusions,” or another statement approved by the
Department. If the Department requires attribution on materials
produced for radio and television, the Contractor shall include a
statement approved by the Department.
17. CONFIDENTIALITY, SENSITIVE DOCUMENTS AND INFORMATION.
This Paragraph 17 supplements Paragraph 41 (Confidentiality) of the
Standard Contract Terms and Conditions – Paper Contract (Rev.
08/09/2018):
A.
The Contractor shall maintain the confidentiality of medical
records of individuals served by the Contractor under this
Agreement except to disclose such confidential information to the
Department for purposes of consultation or the Department's
monitoring of this Agreement.
B.
Sensitive Information: The Contractor shall not publish or
otherwise disclose, except to the Department and except matters of
public record, any information or data obtained hereunder from
private individuals, organizations, or public agencies, in a
publication whereby the information or data furnished by or about
any particular person or establishment can be identified, except
with the informed consent of such person or establishment.
C.
The Contractor shall not release any sensitive documents or
information without the prior written approval of the Department.
The term “sensitive documents or information” shall mean a
document or information that contains the description, design,
operational plan, or other vital information about a critical
facility or infrastructure located in Pennsylvania and bordering
states (e.g., nuclear power plants, hazardous chemical plant, oil
refinery, bridge, dam, tunnel, etc.), or contains information
about the operational protocols or emergency response capabilities
of state and local agency personnel, the content of which could be
used by a terrorist or enemy of the United States to plan an
attack upon a critical facility located in Pennsylvania and
bordering states or engage in other activities that could cause
death or injury to fire, police, medical, military, or other
emergency response personnel, public officials, or the general
public.
18. COLLECTION OR RECORDING OF INFORMATION.
The Contractor shall submit to the Project Officer for written
approval prior to use, copies of each questionnaire and survey plan,
including plans for structured interviews and consultations, for the
collection of information upon identical items from five or more
individuals or organizational elements. The term "structured interview
and consultation" is defined as an interview or consultation which
follows a predesigned line of questioning that takes approximately the
same form for all the respondents being interviewed or consulted.
19. ADDITIONAL TERMINATION PROVISION.
In addition to any other termination provision in this Agreement, this
Agreement may be canceled by either party upon 30 days advance written
notice.
20. ADDITIONAL PROVISIONS RELATING TO NONDISCRIMINATION/SEXUAL
HARASSMENT.
A.
In the hiring of any employee(s) for the manufacture of supplies,
performance of work, or any other activity required under the
Contract or any subcontract, the Contractor, each subcontractor,
or any person acting on behalf of the Contractor or subcontractor,
shall not discriminate by reason of religion, age, handicap or
national origin, against any citizen of this Commonwealth who is
qualified and available to perform the work to which the
employment relates.
B.
Neither the Contractor nor any subcontractor or any person on
their behalf shall in any manner discriminate against or
intimidate any of its employees on account of religion, age,
handicap or national origin.
C.
The Grantee, any subgrantee, contractor or any subcontractor shall
not discriminate by reason of religion, age, handicap or national
origin against any subgrantee, contractor, subcontractor or
supplier who is qualified to perform the work to which the
contracts relates.
D.
The Contractor and any subcontractors shall ensure that any
services or benefits available to the public or other third
parties by way of this Contract shall not be denied or restricted
for such persons due to race, creed, color, religion, gender,
sexual orientation, gender identity or expression, age, handicap,
or national origin (national origin protections include persons
who are limited English proficient) consistent with the provisions
of Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, Title II of the Americans with
Disabilities Act, The Age Discrimination Act of 1975, applicable
provisions of the Omnibus Reconciliation Act of 1981 and
Pennsylvania Management Directive 215.16.
E.
The Contractor and each subcontractor shall furnish all necessary
employment documents and records to and permit access to its
books, records, and accounts by the contracting officer and the
Department of General Services’ Bureau of Diversity, Inclusion and
Small Business Opportunities for purposes of investigation to
ascertain compliance with the provisions of this Additional
Provisions relating to Nondiscrimination/Sexual Harassment Clause.
If the Contractor or any subcontractor does not possess documents
or records reflecting the necessary information requested, it
shall furnish such information on reporting forms supplied by the
contracting officer or the Bureau of Diversity, Inclusion and
Small Business Opportunities.
F.
The Commonwealth may cancel or terminate the Agreement and all
money due or to become due under the Agreement may be forfeited
for a violation of the terms and conditions of this Paragraph 20,
Additional Provisions Relating To Nondiscrimination/Sexual
Harassment Clause. In addition, the granting agency may proceed
with debarment or suspension and may place the Grantee,
subgrantee, Contractor, or subcontractor in the Contractor
Responsibility File.
21. EQUAL OPPORTUNITY FOR THE HANDICAPPED.
A.
The Contractor agrees to abide by Section 504 of the
Rehabilitation Act of 1973, as amended (Public Law 93-112, 29
U.S.C. §794, as amended) and implementing Federal regulations. The
Contractor assures that any benefits, services, or employment,
available through the Contractor to the public by way of this
Agreement's funds, shall not be denied persons with handicaps who
are otherwise qualified or eligible for the benefits, services, or
employment available as a result of this Agreement.
B. The Contractor shall include the provisions of subparagraph A above
in every subcontract under this Agreement so that such provision binds
each sub-contractor.
22. GENERIC DRUGS.
If under this Agreement the Contractor prescribes or dispenses drugs
to consumers, it shall do so in accordance with Act 259 of November
24, 1976, P.L. 1163, 35 P.S. §960.1 et seq., as amended, and prescribe
and dispense generically equivalent drugs rather than brand name drugs
whenever possible.
23. LAWS AND REGULATIONS.
This Agreement is subject to the provisions of all pertinent Federal,
state, and local laws and regulations and all amendments made thereto.
Definitions of service, eligibility of recipients of service, and
other limitations on the purchase of the services established in this
Agreement are subject to modification by amendments to Federal, state
and local laws and regulations without further notice to the
Contractor.
24. DISPOSITION OF EQUIPMENT.
A.
Contractor agrees to obtain all supplies and equipment for use in
the performance of this Agreement at the lowest practicable cost
and to purchase by means of a system of competitive bidding.
B.
Title to all property furnished by the Department shall remain
with the Department. Title to all personal property acquired by
the Contractor, including purchase by lease-purchase agreement,
for the cost of which the Contractor is to be reimbursed under
this Agreement, shall vest in the Contractor during the term of
this Agreement. Upon cancellation or termination of this
Agreement, such purchased personal property which has remaining
useful life shall become the property of the Department, or at the
election of and with written approval of the Department, may be
disposed of by the Contractor in accordance with the following
provisions:
(1) If the Contractor wishes to retain any items of such purchased
property, both parties will arrange for an independent third-party
appraisal of these property items and the Contractor will reimburse
the Department for the value of the remaining life of the property on
the basis of such appraisal. Unless otherwise agreed upon in writing
by the Department, the Contractor shall be responsible for the cost of
appraisal.
(2) Provided the Department is notified ten days in advance of the
date of the sale and the Contractor has the prior written permission
of the Department and the approval of the Governor's Office of Budget,
Contractor may sell the property. Contractor shall reimburse the
Department for the Department’s appropriate share.
C.
All property furnished by the Department or personal property
acquired by the Contractor, including purchase by lease-purchase
agreement, for which the Contractor is to be reimbursed under this
Agreement shall be deemed Commonwealth property for the purpose of
sub-paragraphs D, E, and F of this paragraph.
D.
Contractor shall maintain and administer in accordance with sound
business practices a program for the maintenance, repair,
protection, preservation and insurance of Commonwealth property so
as to assure its full availability and usefulness.
D.
The Commonwealth property and any property purchased under this
Agreement shall, unless otherwise provided herein, or approved in
writing by the Department and the Governor's Office of Budget, be
used only for the performance of this Agreement.
D.
In the event that Contractor is indemnified, reimbursed or
otherwise compensated for any loss or destruction of or damage to
the Commonwealth's property, Contractor shall use the proceeds to
repair, renovate or replace the Commonwealth property involved, or
shall credit such proceeds against the cost of the work covered by
the Agreement, or shall otherwise reimburse the Department as
directed by the Department.
D.
Should the Contractor purchase equipment pursuant to this
Agreement, the Contractor shall complete the Department's
Equipment Inventory Form and return it to the Department with the
Contractor's invoice which seeks reimbursement for such equipment
under this Agreement. The Department will provide the Contractor
with the form when this Agreement provides for the purchase of
equipment.
25. HUMAN RESEARCH.
The Contractor agrees that all human subject research (which includes
but is not limited to the researcher obtaining identifiable private
information or data through intervention or interaction with an
individual) shall be prohibited unless the Contractor also certifies
that prior written approval of its own or another Institutional Review
Board (IRB) has been obtained or the research has been exempted,
subject to all applicable laws, including but not limited to: 42 U.S.
C. Section 3515(b) (relating to prohibitions on funding certain
experiments involving human participants) and the regulations there
under. Voluntary, informed consent of each subject shall be obtained.
If the subject is a minor, or incompetent, the voluntary, informed
consent of his or her legal guardian shall be required. The Contractor
shall inform each potential subject prior to his or her consent that
refusal will not result in the loss of any benefits to which the
subject is otherwise entitled from the Federal government, the
Commonwealth, the Contractor, any subcontractor, or any third party
insurer. Additionally, the Contractor agrees that all human subject
research funded under this grant shall be submitted for review and
approval to the Department of Health IRB on form number HD 1013F prior
to the onset of research.
26. REPORTING REQUIREMENTS UNDER THE FEDERAL FUNDING ACCOUNTABILITY
AND TRANSPARENCY ACT (FFATA).
A.
Registration and Identification Information
Contractor must maintain current registration in the Central
Contractor Registration (www.ccr.gov) at all times during which they
have active Federal awards funded pursuant to this agreement. A Dun
and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com)
is one of the requirements for registration in the Central Contractor
Registration.
Contractor must provide its assigned DUNS number, and DUNS + 4 number
if applicable, to the Commonwealth along with Contractor’s return of
the signed Contract. The Commonwealth will not process this grant
until such time that Contractor provides this information.
A.
Primary Location
Contractor must provide to the Commonwealth the primary location of
performance under the award, including the city, State, and zip+4. If
performance is to occur in multiple locations, then Contractor must
list the location where the most amount of the grant award is to be
expended pursuant to this Contract.
Contractor must provide this information to the Commonwealth along
with Contractor’s return of the signed Contract. The Commonwealth will
not process this grant until such time that Contractor provides this
information.
B.
Compensation of Officers
Contractor must provide to the Commonwealth the names and total
compensation of the five most highly compensated officers of the
entity if--
(1) the entity in the preceding fiscal year received—
(a) 80 percent or more of its annual gross revenues in Federal awards;
and
(b) $25,000,000 or more in annual gross revenues from Federal awards:
and
(2) the public does not have access to information about the
compensation of the senior executives of the entity through periodic
reports filed under section 13(a) or 15(d) of the Securities Exchanges
Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986.
If the Contractor does not meet the conditions listed above, then it
must specifically affirm to the Commonwealth that the requirements of
this clause are inapplicable to the Contractor.
Contractor must provide information responding to this question along
with Contractor’s return of the signed Contract. The Commonwealth will
not process this grant until such time that Contractor provides such
information responding to this question.
27. HEALTH EQUITY (REV. 8/18).
A. The Grantee, any subgrantee, Contractor or any subcontractor shall
provide services in an equitable manner to all populations served and
especially those currently underserved, socially disadvantaged, and
ethnically diverse groups which includes services that are culturally
and linguistically appropriate. Services shall be consistent with the
provisions of the National Standards for Culturally and Linguistically
Appropriate Services in Health Care (CLAS Standards).
B. The Grantee, any subgrantee, Contractor or any subcontractor shall
identify specific group(s) or population segments to be served who
experience a disproportionate burden of disease, health condition or
problem being addressed by this Agreement.
C. The Grantee, any subgrantee, Contractor or any subcontractor shall
identify and address the specific social and environmental conditions
(social determinants of health) that put disproportionately affected
groups at increased risk of the disease, health condition or problem
being addressed by this Agreement.
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