Attachment K - CORI Check Requirements.docx
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- Solicitation number
- BD-27-1036-EDU02-EDU02-133022
- Issued by
- Massachusetts
About this file
This file is an attachment detailing Criminal Offender Record Information (CORI) check requirements established by the Massachusetts Executive Office of Education (EOE) for the RFQ 27ITS81MP01 DESE Website Modernization Services contract. The vendor and all subcontractors with access to EOE data and information systems must complete publicly available CORI checks, which may be conducted by companies the vendor normally uses provided the checks are at least as detailed as those from the Criminal History System Board. Previously completed checks are acceptable if not more than six months old, and vendors must certify in writing that background checks have been completed within thirty days of the agreement's effective date. EOE may offer support in completing the CORI process.
The vendor is responsible for absorbing all background check costs. Specific categories of criminal convictions will disqualify staff from providing services to EOE and require the vendor to provide substitute personnel. These disqualifying offenses include violations of data security and privacy laws, wiretapping statutes, computer crimes, crimes committed using information technology, intellectual property violations, white-collar crimes, felonies involving violence, and identity theft. Additionally, EOE has agency-specific restrictions prohibiting staff with assault and battery convictions from providing services, unless the conviction occurred more than five years prior, in which case the vendor must exercise best judgment in staff assignment decisions.
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Attachment K - CORI CHECK REQUIREMENTS
EOE requires publicly available Criminal Offender Record Information (CORI) checks for any VENDOR staff or subcontractors who have access to EOE data and information systems. Contractor must absorb the cost of background checks. VENDOR may use the companies they normally use for background checks, provided that the information is at least as detailed and complete as that provided by publicly available CORI checks. Checks that have been done previously may be used provided that they are not more than six months old.
CORI checks are done by the Criminal History System Board, located at 200 Arlington Street, Chelsea MA 02150. To request publicly available CORI, go to Department of Criminal Justice Information Services | Mass.gov, which includes instructions and forms for requesting publicly available CORI.
VENDOR shall certify in writing that it has completed the required background checks within thirty (30) days of the effective date of this agreement. Alternatively, EOE may offer to support the CORI process. The following categories of crimes will disqualify a VENDOR and subcontractor staff person from providing services to EOE, and requires VENDOR to provide substitute staff:
Data Security/Privacy Violation of any state or federal law or regulation pertaining to data security and/or privacy, including, without limitation and for example, the Fair Information Practices Act, M.G.L. ch. 66A, and the privacy and security provisions of the Federal Health Information Portability and Accountability Act (“HIPAA”).
Wiretaps Violation of the state wiretap law, M.G.L. ch. 272, sec. 99, or its Federal counterpart, 18 U.S.C. sec. 2511.
Computer Crimes Violation of Federal or State laws specific to computer crime, including without limitation and for example, the Federal Computer Fraud and Abuse Act, 18 U.S. C. sec. 1030 and the Massachusetts state law prohibiting electronic transmission of threats, M.G.L. ch. 269, sec. 14.
Crimes Using Information Technology Violation of any state criminal laws if follow-up communication with applicant discloses that information technology (computers, networks, and peripheral devices) was used to commit the acts on which the conviction was based. The following are examples of state laws under which crimes committed using computers could theoretically be prosecuted: M.G.L. ch. 272, sec. 29B (dissemination of child pornography); M.G.L. ch. 272 sec. 29C (possession of child pornography); M.G.L. ch. 265, sec. 43 (stalking) and 43A (harassment). M.G.L. ch. 275 s. 2 (threat to commit crime); M.G.L. ch. 266 sec. 30 (larceny statute used in hacking and other data theft cases); M.G.L. ch. 266, sec. 12 (willful and malicious destruction of property, for use in website defacement and other hacking cases); M.G.L. ch. 266, sec. 30 (theft of intellectual property); M.G.L. ch. 266 sec. 37E (identity fraud); M.G.L. ch. 266 sec. 120F (unauthorized access to computer system).
Intellectual Property Violation of laws pertaining to trade secrets, copyrights, patents, or any other form of protection of intellectual property.
White Collar Crime Violation of state criminal laws pertaining to theft, fraud, misrepresentation, tax evasion, and other forms of white-collar crime.
Felony Convictions for Crimes of Violence Violation of laws pertaining to felonies committed with violence.
Identity Theft Violation of “An Act Relative To Security Freezes And Notification Of Data Breaches,” M.G.L. ch. 82 of the Acts of 2007.
Agency-specific Restrictions Any conviction relating to assault and battery, except that, if the conviction date occurred more than five (5) years in the past, Vendor shall use its best judgement before assigning the staff to provide services to EOE.
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