Attachment A Workforce Retention SOW.docx
DOCX document 53 KB Posted
- Solicitation number
- BD-27-1040-1040C-1040L-134366
- Issued by
- Massachusetts
About this file
This is a Scope of Work attachment for a Request for Responses (RFR) issued by the Massachusetts Executive Office of Aging & Independence (AGE) to establish an integrated workforce enhancement initiative. The initiative will provide training, safety support, resiliency programming, and collaboration services initially focused on the Massachusetts Adult Protective Services (APS) Network, with potential expansion to additional AGE-designated workforces in subsequent years. The contractor will deliver evidence-informed training in de-escalation, crisis response, conflict management, trauma-informed engagement, behavioral health response, and worker safety, along with continuous reinforcement through virtual engagement, technical assistance, coaching, and peer support resources. Year One deliverables include a statewide training plan for investigatory staff with foundational and applied learning pathways, workforce wellbeing and resiliency programming, collaborative stakeholder engagement with at least two facilitated forums and one joint cross-agency learning activity, baseline evaluation measures, and an Annual Workforce Impact Report with recommendations for Year Two. The contract is structured as a phased investment with Year One expenditures expected to remain below $200,000, establishing the foundation for potential growth.
Year Two may expand to annual expenditures up to $550,000, subject to available funding and satisfactory performance, with deeper skill development, broader resiliency support, and structured interagency collaboration including at least three collaborative forums and one joint cross-agency training or tabletop exercise. Beginning in Year Three, additional workforce populations such as Home Care staff, outreach workers, and case managers may be incorporated if AGE authorizes expansion and funding is available. The contractor must maintain a qualified staffing model with expertise in de-escalation, crisis response, worker safety, resiliency programming, adult learning, human services, evaluation, and project management. AGE retains ownership of all deliverables, data, curricula, and materials developed with contract funds and approval authority over program modifications, key personnel, and subcontractors. The contractor must comply with all applicable state and federal privacy, security, and data management requirements and obtain AGE approval prior to any public communication or external replication of AGE-funded products.
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| File | Type | Posted |
|---|---|---|
| RFR Workforce Retention RFR 10.09.26.docx | DOCX document | |
| Attachment B Cost Proposal .xlsx | XLSX spreadsheet |
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ATTACHMENT A TO THE RFR
SCOPE OF SERVICE
Workforce Enhancement, Safety, Resiliency and Collaboration Services
SECTION 1.0 PURPOSE AND PROGRAM MODEL
The Executive Office of Aging & Independence (AGE) seeks a qualified Contractor to support a flexible, statewide workforce enhancement initiative initially focused on the Massachusetts Adult Protective Services (APS) Network. The initiative is intended to strengthen workforce competency, confidence, safety, wellbeing, collaboration, and retention while creating a foundation that may be expanded to additional AGE-designated workforces over time.
AGE is seeking an outcomes-focused partnership rather than a fixed series of stand-alone training events. The Contractor shall provide core services in the areas identified in this Scope of Service and shall also bring forward practical, evidence-informed ideas regarding how the initiative should be structured format (in-person, hybrid or virtual), sequenced, evaluated, and expanded.
The initial Contract year shall emphasize establishment of a strong APS-focused foundation. The Contractor’s proposed Year One approach, as refined with and approved by AGE, shall guide implementation. Subsequent Contract years may build upon successful components, add new capabilities, and expand to additional workforce populations based on AGE priorities, demonstrated need, Contractor performance, available funding, and required approvals.
SECTION 2.0 CONTRACTOR RESPONSIBILITIES
2.1 Year One Program Design and Implementation
The Contractor shall translate its accepted proposal into a detailed Year One Work Plan for AGE review and approval. The Work Plan shall identify the Contractor’s recommended priorities, sequencing, delivery methods, staffing, collaboration activities, evaluation approach, major deliverables, and anticipated outcomes for the first Contract year.
AGE expects the Contractor to use professional judgment and subject matter expertise to recommend an effective Year One model while remaining responsive to AGE direction, workforce feedback, emerging needs, and available resources.
At a minimum, the Year One program shall address the following service areas:
• De-escalation, crisis-response, and conflict-management skill development;
• Worker and field safety;
• Mental wellbeing and workforce resiliency;
• Ongoing training reinforcement and technical assistance;
• Supervisory and leadership support;
• Public safety and interagency collaboration;
• Workforce research, evaluation, and continuous improvement; and
• Planning for future scalability and expansion.
2.2 Training and Workforce Development
The Contractor shall develop and deliver evidence-informed workforce training that is practical, interactive, and responsive to the responsibilities and field conditions of the workforce being served. AGE expects the Contractor to propose the training structure, format (in-person, hybrid or virtual), sequence, and mix of delivery methods most likely to achieve the intended outcomes.
Training topics shall include, as appropriate to the approved Work Plan:
• De-escalation and conflict management;
• Trauma-informed engagement;
• Behavioral health and crisis response;
• Mental Health;
• Communication in challenging or emotionally charged interactions;
• Safe disengagement and use of appropriate supports;
• Professional boundaries and self-regulation; and
• Other workforce development topics approved by AGE.
The Contractor may propose foundational, intermediate, advanced, scenario-based, role-play, simulation, coaching, or other learning approaches. AGE may direct the Contractor to adapt training for different employee roles, levels of experience, or workforce populations.
2.3 Workforce Wellbeing, Resiliency, and Safety
The Contractor shall provide workforce wellbeing and resiliency programming that is relevant to professionals performing emotionally demanding and potentially high-risk work. Programming shall be practical and shall address both individual skills and workplace factors that may affect employee effectiveness, engagement, and retention.
Areas of focus may include occupational stress, secondary traumatic stress, compassion fatigue, burnout, emotional regulation, peer and team support, psychological safety, professional boundaries, support following difficult incidents, and supervisory or organizational practices that strengthen workforce sustainability.
De-escalation shall be integrated throughout the initiative. Training and resources should help employees recognize risk, prepare for field interactions, maintain situational awareness, make appropriate decisions about continued engagement, safely disengage when necessary, and identify when supervisory, emergency, or community-partner assistance is appropriate.
2.4 Continuous Reinforcement and Technical Assistance
AGE seeks a continuous workforce development relationship rather than episodic training. The Contractor shall propose and maintain appropriate methods for reinforcing learning and responding to emerging needs between formal training events.
Methods may include in-person or virtual reinforcement, refresher sessions, technical assistance, coaching, supervisor consultation, case-based learning, job aids, communities of practice, digital resources, or other approaches proposed by the Contractor and approved by AGE.
The Contractor shall maintain regular communication with AGE and shall use employee, supervisor, and stakeholder feedback to recommend adjustments to training, resources, and technical assistance.
2.5 Supervisory and Leadership Support
The Contractor shall include supervisors and managers in the workforce enhancement strategy. The Contractor shall propose approaches that help leaders reinforce learning, support safe practice, respond to workforce stress, coach employees, strengthen professional development, and support engagement and retention.
SECTION 3.0 PUBLIC SAFETY AND INTERAGENCY COLLABORATION
3.1 Collaboration Objective
The Contractor shall support AGE in strengthening practical working relationships between participating workforce populations and external partners whose involvement may improve worker safety, coordinated response, service continuity, or outcomes for older adults.
Potential partners may include law enforcement, fire and emergency medical services, behavioral health and crisis-response programs, hospitals and healthcare organizations, disability and veteran service organizations, state agencies, housing and community-based organizations, and other partners identified by AGE.
3.2 Contractor-Proposed Collaboration Approach
The Contractor shall propose a collaboration strategy appropriate to the approved scope and stage of implementation. AGE is interested in approaches that build relationships and shared understanding before complex or high-risk situations occur.
The Contractor’s approach may include stakeholder mapping, relationship development, liaison structures, joint training, regional or statewide forums, case-based exercises, referral pathways, warm-handoff practices, communication tools, coordinated-response practices, or other activities proposed by the Contractor and approved by AGE.
The Contractor shall identify collaboration barriers, opportunities, and promising practices and shall provide AGE with recommendations for strengthening cross-system coordination over time.
SECTION 4.0 WORKFORCE RESEARCH, EVALUATION AND CONTINUOUS IMPROVEMENT
4.1 Evaluation Framework
The Contractor shall propose and implement an evaluation approach that allows AGE to understand whether the initiative is improving workforce knowledge, confidence, preparedness, safety, wellbeing, collaboration, and other outcomes identified by AGE.
The evaluation approach should be proportionate to the scope and funding authorized for each Contract year and may include pre- and post-training measures, follow-up assessments, surveys, focus groups, interviews, workforce data analysis, supervisor feedback, participation data, or other methods proposed by the Contractor.
Where feasible and appropriate, the Contractor should establish baseline information and follow-up measures that allow AGE to examine changes over time.
4.2 Workforce Sustainability and Retention
The Contractor shall assist AGE in identifying factors that may influence workforce engagement, burnout, turnover, retention, perceived safety, and workforce sustainability within the Protective Service and AGE network The Contractor shall recommend how findings may be used to improve training, supervision, organizational supports, collaboration, and future workforce investments.
4.3 Continuous Improvement
Evaluation shall inform implementation. The Contractor shall establish a practical feedback process through which findings, participant feedback, supervisor observations, and emerging workforce needs are translated into recommended program adjustments and future priorities.
SECTION 5.0 DIGITAL LEARNING AND WORKFORCE DEVELOPMENT INFRASTRUCTURE
The Contractor may propose technology-supported learning or workforce development infrastructure when it would improve access, reinforcement, scalability, tracking, or sustainability. Proposed capabilities may include virtual learning, on-demand content, post-training reinforcement, digital resources, training tracking, dashboards, or other tools.
AGE shall determine whether and when any proposed technology or platform will be implemented. Any authorized technology shall comply with applicable Commonwealth accessibility, privacy, security, information technology, and contracting requirements.
SECTION 6.0 PHASED IMPLEMENTATION, SCALABILITY AND GROWTH
6.1 Year One - Investigatory Workforce Foundation
Year One shall focus primarily on AGE-designated investigatory staff, including but not limited to frontline Adult Protective Services investigators and supervisors, and on the collaborative groups that support those staff in complex field work. The Contractor shall establish a practical foundation that strengthens investigatory skill, worker safety, resiliency, coordinated response, and measurable workforce outcomes. AGE anticipates that Year One expenditures should generally remain below $200,000.
The Contractor shall refine its proposed Year One model with AGE through the approved Year One Work Plan. AGE expects the Contractor to recommend the most effective sequencing and delivery approach; however, the Year One Work Plan shall include, at a minimum, the following deliverables:
A. Investigatory Workforce Training
• A statewide training plan for AGE-designated investigatory staff that identifies foundational, applied/intermediate, and, where appropriate, advanced learning pathways;
• Initial de-escalation, conflict-management, trauma-informed engagement, behavioral health response, situational awareness, and field-safety training tailored to investigatory practice;
• At least one applied learning component using realistic investigative scenarios, case discussion, role play, simulation, peer feedback, or another AGE-approved experiential method; and
• A plan for incorporating foundational training into onboarding or refresher training for new or returning investigatory staff.
B. Workforce Wellbeing and Resiliency
• Initial resiliency and wellbeing programming for investigatory staff addressing occupational stress, secondary traumatic stress, compassion fatigue, burnout, emotional regulation, professional boundaries, peer support, and post-incident recovery;
• Practical tools that can be used during and between difficult cases; and
• Guidance or resources for supervisors on reinforcing resiliency, safe practice, and employee support.
C. Continuous Reinforcement and Technical Assistance
• Regular virtual engagement with AGE throughout the year, expected to occur approximately monthly unless AGE approves another cadence;
• Short reinforcement, coaching, case consultation, or technical-assistance activities between major training events; and
• A documented feedback process for using investigator and supervisor experience to improve subsequent training and resources.
D. Collaborative Group Development
• A stakeholder map and initial liaison/contact matrix identifying the key collaborative groups that support investigatory staff, such as law enforcement, fire/EMS, behavioral-health and crisis-response providers, hospitals, disability services, state agencies, and other community partners identified by AGE;
• Initial relationship-building and outreach with priority partners identified by AGE;
• At least two facilitated collaborative forums, regional meetings, or shared-learning sessions during Year One; and
• At least one joint case-based, tabletop, or cross-agency learning activity by the end of Year One, where feasible and approved by AGE.
E. Evaluation and Year-End Products
• Baseline measures appropriate to the approved scope, including investigator confidence, preparedness, perceived safety, wellbeing, and collaboration needs;
• Pre- and post-training measures for major training activities and appropriate follow-up measurement;
• Brief cohort or activity summaries following major training or collaboration events;
• An Annual Workforce Impact Report summarizing participation, findings, lessons learned, collaboration progress, and recommended Year Two priorities; and
• A proposed Year Two Work Plan and budget concept that builds directly on Year One findings and performance.
6.2 Year Two - Deepening Investigatory Practice and Collaboration Year Two shall continue to prioritize AGE-designated investigatory staff and the collaborative groups that support investigatory work. Subject to AGE approval and available funding, Year Two should deepen the Year One model through more advanced skill development, broader resiliency support, more structured interagency collaboration, and stronger evaluation. AGE may also authorize limited planning or pilot activities for additional workforce populations when such expansion does not diminish the quality or availability of services for investigatory staff. AGE anticipates that annual expenditures may grow up to $550,000 during the initial growth period, subject to funding, need, performance, and required approvals.
The Year Two Work Plan shall build on Year One findings and shall include, at a minimum, the following deliverables:
A. Advanced Investigatory Workforce Development
• Continued foundational or refresher training for new and returning investigatory staff;
• Expanded applied/intermediate training using realistic investigative scenarios and case-based practice;
• Advanced training opportunities for experienced or AGE-designated staff handling higher-complexity or higher-risk investigations;
• Continued supervisor development and tools for reinforcing de-escalation, safety, resiliency, and reflective practice; and
• Updated curricula and job aids based on Year One feedback and evaluation findings.
B. Expanded Resiliency and Workforce Support
• Broader delivery of resiliency and wellbeing programming to investigatory staff and supervisors;
• Continued reinforcement of peer support, psychological safety, post-incident support, and strategies for sustaining professional effectiveness; and
• Recommendations to AGE regarding organizational or supervisory practices that may strengthen investigator wellbeing, engagement, and retention.
C. Structured Interagency Collaboration
• Expansion and maintenance of the stakeholder and liaison network initiated in Year One;
• At least three facilitated collaborative forums, consortium meetings, regional sessions, or similar structured engagement opportunities during Year Two;
• At least one joint cross-agency training, tabletop exercise, or scenario-based event involving investigatory staff and priority collaborative partners;
• Development or refinement of practical referral pathways, warm-handoff practices, liaison procedures, communication tools, or coordinated-response practices, as approved by AGE; and
• A Year Two collaboration summary identifying relationship progress, recurring barriers, gaps, and recommended next steps.
D. Evaluation and Continuous Improvement
• Continued pre/post and follow-up measurement of training outcomes and workforce experience;
• Where feasible, structured follow-up at intervals sufficient to assess whether gains in confidence, preparedness, safety, wellbeing, and collaboration are sustained;
• Integration of workforce and collaboration findings into curriculum updates and technical-assistance priorities; and
• An Annual Workforce Impact Report that compares Year Two results with available Year One baseline and trend information.
E. Preparation for Future Growth
• A recommended Year Three growth plan identifying which components should be sustained, expanded, modified, or discontinued;
• Identification of any additional AGE-designated workforce populations that may be appropriate for future expansion, together with a proposed needs-assessment and adaptation approach; and
• A Year Three budget concept identifying major cost drivers, efficiencies, and expected outcomes for any proposed expansion.
6.3 Year Three and Beyond - Additional Workforce Populations and Future Growth Beginning in Year Three, or earlier only if specifically authorized by AGE, potential future populations may include Home Care staff, outreach workers, Aging Service Access Points (ASAP) staff, case managers, AGE employees, community-based provider staff, other contracted provider workforces, and other AGE-designated professionals serving older adults. Any expansion shall be planned so that the core investigatory workforce and established collaborative activities remain appropriately supported. Prior to expansion, the Contractor shall recommend an appropriate approach for assessing the needs of the new workforce and determining which existing program components may be reused, adapted, or newly developed.
Beginning in Year Three or thereafter, AGE may consider additional growth beyond the initial $550,000 annual level if additional populations, programs, provider networks, or statewide workforce initiatives are added and sufficient funding and approvals are available. No future expansion or funding level is guaranteed.
SECTION 7.0 WORK PLANNING AND GROWTH PLANNING
7.1 Initial Year One Work Plan and Deliverable Schedule
Within forty-five (45) days of the Contract Start Date, or another timeframe approved by AGE, the Contractor shall submit a detailed Year One Work Plan and Deliverable Schedule based on the accepted proposal and initial consultation with AGE. The schedule shall identify target dates, responsible staff, intended audiences, expected outputs, and proposed measures for each major Year One deliverable described in Section 6.1.
The Work Plan shall identify, at a minimum:
a. Recommended Year One priorities and sequencing;
b. Planned training and workforce development activities;
c. Wellbeing, resiliency, and worker-safety activities;
d. Technical assistance and reinforcement methods;
e. Collaboration activities;
f. Research and evaluation activities;
g. Major deliverables and implementation milestones;
h. Staffing and roles;
i. Anticipated outcomes and performance measures; and
j. Approved Year One budget allocation.
7.2 Annual Work Plan
For each subsequent Contract year, the Contractor shall submit an updated Annual Work Plan reflecting AGE priorities, evaluation findings, approved expansion, and available funding.
7.3 Multi-Year Growth Plan
During Year One, the Contractor shall develop a conceptual Multi-Year Growth Plan describing how the initiative could grow during Years Two and Three and, where appropriate, beyond Year Three. The plan shall identify recommended sequencing, potential populations, additional capabilities, staffing and infrastructure needs, major cost drivers, potential efficiencies, anticipated outcomes, and conditions that should inform AGE decisions about expansion. The Growth Plan is a planning document and does not commit AGE to any particular expansion, service level, or funding amount.
SECTION 8.0 REPORTING AND DELIVERABLES
8.1 Periodic Program Reporting
The Contractor shall provide periodic program status reports in a format and frequency approved by AGE. Reporting should be proportionate to the scope of work and provide AGE with sufficient information to monitor performance, expenditures, participation, deliverables, emerging issues, and upcoming activities.
8.2 Annual Workforce Impact Report
The Contractor shall submit an Annual Workforce Impact Report summarizing services delivered, participation, key evaluation findings, workforce trends, collaboration activities, program improvements, emerging needs, and recommendations for the next Contract year and future growth.
Reports should be designed to support AGE program management, workforce planning, budget development, grant opportunities, and other appropriate state or federal reporting purposes.
SECTION 9.0 KEY PERSONNEL AND STAFFING
The Contractor shall maintain sufficient qualified staff to perform the approved scope of work. The Bidder shall propose a staffing model appropriate to its Year One approach and shall describe how staffing capacity could grow as the initiative expands.
The Contractor’s team shall collectively possess appropriate expertise in de-escalation and crisis response, worker safety, workforce resiliency and wellbeing, adult learning, human services or aging services, research and evaluation, collaboration, and project management. Additional subject matter expertise may be provided through employees, subcontractors, or Subject Matter Experts who are approved by AGE.
The Contractor shall designate a primary Project Lead responsible for overall Contract performance and communication with AGE. Other key roles may be proposed by the Bidder based on its delivery model. AGE shall retain approval authority over designated Key Personnel and material changes to the approved staffing plan.
SECTION 10.0 BUDGET, PHASED INVESTMENT AND FUTURE EXPANSION
AGE intends to use a phased investment model. Year One expenditures are expected to remain generally below $200,000 and should establish the APS-focused foundation and core infrastructure necessary for future growth.
Subject to available funding, appropriation, satisfactory Contractor performance, identified workforce need, and required approvals, AGE may increase the annual scope and expenditures in subsequent Contract years up to $550,000 during the initial growth period.
Beginning in Year Three or thereafter, AGE may authorize additional growth beyond $550,000 annually if additional workforce populations, programs, provider networks, or initiatives are incorporated into the Contract and sufficient funding and approvals are available.
The Contractor shall work within the annual budget approved by AGE, and which will be considered part of this Attachment A; Scope of Service. No provision of this Scope of Service guarantees a minimum annual expenditure, future expansion, or increase in funding.
AGE will make payments to the Contractor in accordance with the Office of the Comptroller’s Bill Payments Policy (see Policies - Office of the Comptroller), state finance law, and the Commonwealth Terms and Conditions.
SECTION 11.0 GENERAL CONTRACT REQUIREMENTS
11.1 Corrective Actions and Other Remedies
AGE may, at its sole discretion, seek corrective action or other remedies if the Contractor:
1. Fails substantially to provide the services required under this contract, following a reasonable opportunity to cure;
2. Misrepresents or falsifies any information related to this Contract
3. Fails to comply with all applicable federal or state statutory or regulatory requirements;
4. Submits invoices or other claims for payment to AGE that do not comply with the requirements of this Contract;
5. Fails to comply with any corrective action plan required by AGE; or
6. Fails to comply with any other requirements of this Contract, following a reasonable opportunity to cure.
Such remedies may include:
1. Corrective Action Plan: Require the Contractor to develop and submit a corrective action plan within ten Business Days of notification by AGE of poor performance, contract noncompliance, or other applicable violation by the Contractor. AGE will approve, disapprove, or require modifications to the corrective action plan based on its reasonable judgment as to whether the corrective action plan will correct the deficiency. AGE may also initiate a corrective action plan for the Contractor to implement. The Contractor must promptly and diligently implement the corrective action plan as approved, modified, or initiated by AGE. Failure to implement the corrective action plan may, in the sole discretion of AGE, be considered breach of Contract and may subject the Contractor to further remedies, including but not limited to termination of the Contract by AGE;
2. Suspension, reduction, or recovery of payments from the Contractor; and
3. Other actions AGE may deem appropriate.
11.2 Contract Termination
AGE may terminate this Contract immediately and without prior written notice if AGE determines, in its sole discretion, that the Contractor has:
1. materially breached any of its obligations under this Contract;
2. failed to complete obligations under this Contract to AGE’s satisfaction; or
3. violated any material term of this Contract Prior to terminating this Contract as permitted above, AGE in its sole discretion may provide an opportunity for the Contractor to cure or end the breach. If such an opportunity is provided, but cure is not feasible, or the Contractor fails to cure the breach or end the violation within a time period set by AGE, AGE may terminate the Contract immediately upon written notice; or
11.3 AGE Ownership, Replication, and External Use
As the program develops, AGE recognizes that successful training models and products may have value beyond Massachusetts. AGE supports the responsible expansion and replication of effective practices; however, because Commonwealth resources will contribute to the development, testing, and refinement of this work, AGE should retain an appropriate role in how AGE-funded products are used, adapted, or commercialized outside the Commonwealth. The intent is not to restrict innovation or the Contractor's existing intellectual property, but to protect the Commonwealth's investment, preserve AGE's long-term access and control, and ensure that future value generated from AGE-funded work appropriately benefits AGE and the Commonwealth.
a. AGE shall retain oversight of all activities performed under the Contract and may approve, modify, prioritize, defer, or discontinue activities consistent with applicable Contract requirements. Final decisions regarding program priorities, populations served, training topics, implementation, evaluation, and future expansion shall remain with AGE.
b. In accordance with the Commonwealth Terms and Conditions which states that “[t]he Commonwealth is entitled to ownership and possession of all deliverables purchased or developed with State funds[,]”AGE shall retain ownership and control of program-specific work products, materials, deliverables, data, reports, evaluations, curricula implementation tools, and other materials developed specifically for AGE with Contract funds, subject to any clearly identified pre-existing intellectual property rights of the Contractor.
c. Any replication, licensing, commercialization, or implementation in another jurisdiction of an AGE-funded program, model, curriculum, or product shall require prior written notice by the Contractor to AGE.
d. Where AGE-funded work is replicated or implemented outside Massachusetts, external materials shall acknowledge AGE's role in the development and refinement of the model.
e. Where AGE-funded work materially contributes to a product subsequently commercialized or implemented elsewhere, AGE may establish provisions for continued access, future program enhancements, reduced costs, contract credits, or other reinvestment that benefits AGE and the Commonwealth.
f. AGE data, participant information, evaluation results, agency-specific materials, and other non-public information shall remain under AGE's control and shall not be disclosed, transferred, commercialized, or incorporated into an external implementation without AGE's prior written authorization and compliance with applicable confidentiality and data requirements.
g. If a contractor turns the AGE-funded product into a program or commercially licensed program, AGE can negotiate reduced future pricing, or another reinvestment mechanisms.
Nothing in these provisions is intended to transfer ownership of methodologies, materials, or intellectual property demonstrably developed by the Contractor prior to the AGE engagement. The Contract should clearly distinguish such pre-existing intellectual property from products developed or materially enhanced using Commonwealth resources.
11.4 Program Modifications
AGE may modify program activities based upon workforce needs, evaluation findings, changes in AGE priorities, Contractor performance, funding availability, changes in state or federal requirements, addition of workforce populations, or other circumstances affecting AGE programs or workforces.
11.54 Subcontractors and Subject Matter Experts
The Contractor may utilize subcontractors and Subject Matter Experts subject to AGE approval where required. The Contractor shall remain responsible for all subcontractor and Subject Matter Expert performance.
11.6 Data and Deliverables
All Commonwealth Data shall remain Commonwealth property. AGE-specific reports, analyses, evaluation instruments, curricula, training resources, implementation materials, and other deliverables developed specifically for AGE with Contract funds shall be provided to AGE in usable formats. Contractor pre-existing intellectual property shall remain subject to the intellectual property provisions established in the final Contract. The Contractor shall not publish or publicly disseminate AGE data, findings, or Contract-specific results without prior written AGE approval.
11.7 Public Communications
The Contractor shall obtain AGE approval prior to public communication regarding Contract activities or findings except as otherwise authorized by AGE.
11.8 Commonwealth Identification
The Contractor shall comply with Commonwealth requirements governing use of the Commonwealth seal, AGE name, logos, and other Commonwealth identifiers.
11.9 Data Privacy and Security
The Contractor must comply with all state and federal laws and regulations applicable to the privacy and security of personal and other confidential information, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the privacy and security regulations promulgated thereunder (45 C.F.R. Parts 160, 162,and 164, the Privacy and Security Rules), M.G.L. c. 66A, M.G.L. c. 93H, 801 CMR 3.00, 201 CMR 17, 42 C.F.R. Part 431, Subpart F, 42 C.F.R. Part 2, 45 C.F.R. § 155.260, any other privacy and security obligation that is required as the result of AGE (or EOHHS or EOTSS or another organization on AGE’s behalf) having entered into an agreement with a third party (including but not limited to the Social Security Administration, the Department of Revenue, or the Centers for Medicaid and Medicare Services), and the additional terms, conditions, and obligations relating to the privacy, security, and management of personal and other confidential information set forth in or required under: the Commonwealth Terms and Conditions; the relevant RFR; and any AGE Data Management and Confidentiality Agreement that may be added or appended to this Attachment A; Scope of Service.
AGE reserves the right to incorporate any requirement during the course of this Attachment A; Scope of Service that it determines it must include for AGE to comply with any applicable state or federal law or regulation, or any contractual obligation to which AGE is subject, relating to privacy and/or security, including but not limited to the Privacy and Security Rules, and the Contractor must promptly execute and comply with any amendment to the contract that AGE deems necessary or appropriate in connection therewith. Failure of the Contractor to execute such additional privacy and/or security terms that AGE, in its sole authority, deems necessary for the Contractor to conduct all or part of the scope described in this Attachment A; Scope of Service, including any amendment, may result in modification of the scope of this Attachment A; Scope of Service to remove any work and corresponding payment from this Attachment A; Scope of Service for such work that requires execution of such additional privacy and/or security terms, termination of this Attachment A; Scope of Service, or other action that AGE, in its sole discretion, determines to be reasonably appropriate to ensure compliance with applicable privacy and security requirements.
The Contractor further agrees that:
· The Contractor will not obtain, use, or transmit any personal information (PI), including but not limited to personal health information, of any individual served by AGE. To the extent that the Contractor requires access to or use of such PI, AGE will determine, in its sole authority, whether to permit such access or use, and may require, in its sole authority, the execution of additional privacy and/or security terms as described in this Section 11.9 of this Attachment A; Scope of Service.
· No information, data reports, or other materials existing through or developed pursuant to this Contract shall be used for any other purpose other than as specified by this Attachment A; Scope of Service.
· At no time shall any data or information in its entirety or in any part, obtained pursuant to this Contract, be disclosed to any party other than as expressly specified herein and in accordance with the terms hereof, or as otherwise permitted by AGE in writing.
· Publication of its findings or making its findings available through electronic or other media, other than as expressly set forth herein, is prohibited.
· AGE written approval is required prior to use of any data or findings derived from such data, except as expressly specified herein.
Attachment A - Scope of Service
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