ATTACHMENT N - CHFS TsCs_Version 110623 - RFP 758 2500000171 Kentucky Analytics Platform Solution (KAPS).pdf

Attachment N Federal, Commonwealth of Kentucky, CHFS Terms and Conditions RFP 758 2500000171 Kentucky Analytics Platform Solution (KAPS)

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A. Headings The section headings in this Contract are for reference and convenience only and shall not have any effect on the construction or legal effect of this Contract.

B. Certification Regarding Drug-Free Workplace

The Vendor hereby certifies that it shall, or shall continue to, provide a drug-free workplace in accordance with 2 CFR Part 182. The Vendor shall at a minimum:

1. Notification

Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited from the Vendor’s workplace and specifying actions that will be taken against employees for violation of such prohibition;

2. Awareness Program

Establish an ongoing drug-free awareness program to inform employees about:

a. The dangers of drug abuse in the workplace;

b. The Vendor’s policy of maintaining a drug-free workplace;

c. Available drug counseling, rehabilitation, and employee assistance programs; and

d. The penalties that may be imposed upon employees for drug abuse violation.

C. Record Checks

For all persons performing services under this agreement the Vendor shall obtain a current criminal record check that shall have no convictions or outstanding charges which would constitute a disqualifying offense under 900 KAR 1:009. Offshore individuals shall only submit a criminal background investigation by means of a fingerprint check by the Federal Bureau of Investigation if offshore work is allowed to be performed. The record check shall be performed before any person begins performing services under this agreement and shall then be performed once annually thereafter to ensure no disqualifying offenses exist.

The record check shall be completed through the Kentucky State Police Information Center or the Administrative Office of the Courts. If the person providing services under the contract has resided or worked in a state other than Kentucky a satisfactory records check shall be required of those states as well. The cost of the record check shall be borne by the Vendor. The results of the record check shall be kept on file by the Vendor and provided to CHFS.

D. Compliance with Federal and State Requirements In providing the Services and Deliverables, the Vendor shall ensure compliance with applicable federal and state laws, rules, and regulations including, but not limited to:

1. The Code of Federal Regulations CFR 42, CFR 433.112(b)(1) through (9) and 45

CFR 95.617(a) and (b).

as noted below:

a. Kentucky will have all ownership rights in software or modifications thereof and associated documentation designed, developed, or installed with ninety percent (90%) Federal Financial Participation (FFP); and https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-182 https://apps.legislature.ky.gov/law/kar/titles/900/001/009/ https://www.ecfr.gov/current/title-42 https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-433/subpart-C/section-433.112 https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-95/subpart-F/subject-group-ECFR8ea7e78ba47a262/section-95.617 https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-95/subpart-F/subject-group-ECFR8ea7e78ba47a262/section-95.617

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b. Any solution developed with federal funds will have a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use and authorize others to use, for federal government purposes, software, modifications to the software, and documentation that is designed, developed, installed or enhanced with federal financial participation.

2. All provisions of 2 CFR Part 200, Appendix II, regarding Contract provisions for non-federal entity Contracts under federal award, including

a. Clean Air Act and Federal Water Pollution Control Act

Vendor and subcontractors shall agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq.

(United States Code of Federal Regulations [USC]), and the Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et seq. Violations shall be reported to the HHS and the appropriate Regional Office of the Environmental Protection Agency.

b. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary

Exclusion, Lower Tier Covered Transactions In accordance with Federal Acquisition Regulation 52.209-5, the Vendor shall certify, by signing the Solicitation, that to the best of its knowledge and belief, the Vendor and/or its Principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency.

In accordance with FAP 111-59-00, if debarred during the life of the contract, the vendor shall notify the Commonwealth buyer of record within seventy-two (72) hours of the federal debarment.

For the purposes of this certification, “Principals,” means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary, division, or business segment, and similar positions.

The Vendor shall be compliant with 2 CFR 180 at the time of award and throughout the contract period.

c. Certification of Lobbying Activities Vendor shall disclose any lobbying activities in accordance with Section 1352, Title 31, U.S. Code. The Vendor certifies, to the best of his or her knowledge and belief, that:

1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200 https://uscode.house.gov/view.xhtml?req=(title:42%20section:7401%20edition:prelim) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim https://www.acquisition.gov/far/52.209-5 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180?toc=1 https://www.govinfo.gov/content/pkg/USCODE-2020-title31/pdf/USCODE-2020-title31-subtitleII-chap13-subchapIII-sec1352.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title31/pdf/USCODE-2020-title31-subtitleII-chap13-subchapIII-sec1352.pdf

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2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,’’ in accordance with its instructions.

3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure.

d. Equipment

For reimbursement type contracts, the Vendor shall not purchase equipment or property with contract funds, unless and except as specifically authorized under the scope of work and specifications of this Contract.

Equipment and property reimbursed by CHFS for the purposes of fulfilling the requirements of this Contract, and that may include, but not be limited to, furniture, computer software, computer hardware, office equipment, and supplies with any single item purchase of $5,000.00 or greater (capital expenditures), requires prior approval by the Cabinet and the federal agency before the federal government will allow the costs in accordance with 2 CFR, Part 200.

e. Telecommunications and Video Surveillance Services or Equipment

In accordance with 2 CFR § 200.216 Prohibition on certain telecommunications and video surveillance services or equipment Vendors and subrecipients are prohibited from obligating or expending loan or grant funds to:

1) Procure or obtain;

2) Extend or renew a contract to procure or obtain; or

3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is https://www.govinfo.gov/content/pkg/USCODE-2020-title31/pdf/USCODE-2020-title31-subtitleII-chap13-subchapIII-sec1352.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title31/pdf/USCODE-2020-title31-subtitleII-chap13-subchapIII-sec1352.pdf https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.216

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a) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

b) Telecommunications or video surveillance services provided by such entities or using such equipment.

c) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

f. Domestic Preferences for Procurements In accordance with 2 CFR § 200.322 Domestic preferences for procurements.

1) As appropriate and to the extent consistent with law, the non-federal entity should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

2) For purposes of this section:

a) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

b) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum;

plastics and polymer-based products such as polyvinyl chloride pipe;

aggregates such as concrete; glass, including optical fiber; and lumber.

g. Procurement of Recovered Materials

In accordance with 2 CFR § 200.323 Procurement of recovered materials.

A non-federal entity that is a state agency or agency of a political subdivision of a state and its Vendors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.322 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.323 https://www.govinfo.gov/content/pkg/COMPS-893/pdf/COMPS-893.pdf https://www.govinfo.gov/content/pkg/COMPS-893/pdf/COMPS-893.pdf https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-247

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h. U.S. Department of Agriculture Food and Nutrition Service Federal-State Supplemental Nutrition Programs Agreement – Assurance of Civil Rights Compliance The Vendor hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); Title II and Title III of the Americans with Disabilities Act (ADA) of 1990, as amended by the ADA Amendment Act of 2008 (Americans with Disabilities Act Title II Regulations | ADA.gov & Americans with Disabilities Act Title III Regulations | ADA.gov)and as implemented by Department of Justice regulations at 28 CFR Parts 35 and 36;

Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency" (August 11, 2000); all provisions required by the implementing regulations of the U.S. Department of Agriculture (7 CFR Part 15 et seq.); and Food and Nutrition Service (FNS) directives and guidelines to the effect that no person shall, on the ground of race, color, national origin, age, sex, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the agency receives federal financial assistance from FNS; and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement.

By providing this assurance, the Vendor agrees to compile data, maintain records and submit records and reports as required to permit effective enforcement of the nondiscrimination laws, and to permit Department personnel during normal working hours to review and copy such records, books and accounts, access such facilities, and interview such personnel as needed to ascertain compliance with the non-discrimination laws. If there are any violations of this assurance, the Department of Agriculture shall have the right to seek judicial enforcement of this assurance.

This assurance is given in consideration of and for the purpose of obtaining any and all federal financial assistance, grants, and loans of federal funds, reimbursable expenditures, grant, or donation of federal property and interest in property, the detail of federal personnel, the sale and lease of, and the permission to use federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with federal financial assistance extended to the Program applicant by USDA. This includes any federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

https://www.justice.gov/crt/fcs/TitleVI-Overview#:~:text=Title%20VI%2C%2042%20U.S.C.,activities%20receiving%20federal%20financial%20assistance.

https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter38&edition=prelim https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter38&edition=prelim https://www.govinfo.gov/content/pkg/USCODE-2021-title29/pdf/USCODE-2021-title29-chap16-subchapV-sec794.pdf https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter76&edition=prelim https://www.ada.gov/law-and-regs/title-ii-2010-regulations/ https://www.ada.gov/law-and-regs/title-ii-2010-regulations/ https://www.ada.gov/law-and-regs/title-iii-regulations/ https://www.ecfr.gov/current/title-28/chapter-I/part-35 https://www.ecfr.gov/current/title-28/chapter-I/part-36?toc=1 https://www.justice.gov/crt/executive-order-13166 https://www.ecfr.gov/current/title-7/subtitle-A/part-15

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This assurance is binding on the Vendor its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from the Department. The person or persons whose signatures appear below are authorized to sign this assurance on the behalf of the Vendor.

i. Equal Employment Opportunity Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of federally assisted construction contract in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (2 CFR 200, Subpart F, Appendix II).

E. Indemnification

The Contractor shall indemnify and hold harmless CHFS and its agents, representatives, officers, directors, employees, insurers, successors, and assigns from and against any and all expenses, costs (including attorneys’ fees), causes of action, liability, loss and/or damages suffered or incurred by it or any of them, that results from or arises out of (a) this Contract; (b) any and all acts of the Contractor and or its Subcontractor(s); (c) the policies and procedures of the Contractor, specifically including all Contractor employment practices employed by Contractor during the term of this or any prior Contract with CHFS; (d) any dishonest, fraudulent, criminal, or negligent or unauthorized acts or errors or omissions which are committed by Contractor or any of Contractor's employees or agents or Subcontractors; (e) the publication translation, reproduction, delivery, performance, use or disposition of any data produced by CHFS in an unauthorized manner, provided that such action was not taken by Contractor or as a result of the express written request of CHFS; or (f) Contractor's failure to comply with any applicable state or federal laws or regulations.

Provided, however, in the event the Contractor is an agency of the Commonwealth of Kentucky, the state agency’s liability shall be governed instead by KRS 49.010 through KRS 49.180 and limited to any award from the Kentucky Claims Commission up to the jurisdictional amount.

F. Sovereign Immunity

The Parties expressly agree that no provision of this Contract constitutes a waiver by CHFS or the Commonwealth of Kentucky of any immunities from suit or from liability that CHFS or the Commonwealth of Kentucky may have by operation of law.

G. Force Majeure Neither Party shall be liable for public utility performance (e.g., Postal service, telephone, or water company) or for the consequence of public utility non-performance.

Events or conditions beyond the reasonable control of the Parties, such as natural disasters, fires, floods, elements, transportation crashes, or utility failures shall not be construed as non-performance, nor shall reductions be applied as a result of such events, provided that CHFS maintains the right to obtain the necessary services elsewhere in the event of such non-performance by the Contractor and the Parties must https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-1 https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-1/subpart-A/section-60-1.3 https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-1/subpart-A/section-60-1.4 https://www.dol.gov/agencies/ofccp/executive-order-11246/ca-11246 https://www.uscg.mil/Portals/0/Headquarters/civilrights/PDFs/history/EO11375.pdf https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-1/subpart-A/section-60-1.4 https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-1/subpart-A/section-60-1.4 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-F https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=45450 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=45450

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Version 11/06/23 Page 7 of 11 negotiate in good faith any appropriate offset to the compensation payable under this Contract. The Contractor is to cooperate and shall require that any Subcontractor cooperate with CHFS in such event. The existence of such causes of delay or failure will extend the period of performance in the exercise of reasonable diligence until after the causes of delay or failure have been removed. Each Party must inform the other in writing with proof of receipt within five (5) business days of the existence of a force majeure event or otherwise waive this right as a defense.

H. Maintenance of Insurance During the term of this Contract, the Contractor shall maintain and shall require any Subcontractor to maintain their directors and officers liability insurance, workers' compensation insurance, employer liability insurance, and such other liability insurance as reasonably necessary in the Contractor's business judgment to provide adequate coverage against losses and liabilities attributable to the respective acts or omissions of the Contractor and the Subcontractor(s) in the performance of this Contract. The Contractor shall provide or cause to be provided and shall require any Subcontractor to provide or cause to be provided evidence of such coverage upon request.

To the extent that the Contractor and any Subcontractor are not self-insured, each shall, in any event, name CHFS as an additional insured on any policy of coverage, with the exception of the workers compensation and any reinsurance. The Contractor and any Subcontractors are to notify CHFS of the evidence of insurance coverage within five (5) business days of coverage. Notice is to be sent in writing to the Department.

CHFS shall not be responsible for any premiums or assessments on the policy or policies held by the Contractor or any Subcontractor under this Contract. CHFS may, at its sole option, pay one or more premiums, if it decides that to do so would be in the best interest of CHFS. Should CHFS exercise this option, it shall be fully reimbursed by the Contractor, either by Contractor directly or by an offset against future payments.

The Certificate of Insurance for any policy other than self-insurance or any reinsurance must require that the insurer not cancel the coverage without thirty (30) days prior written notice to CHFS.

Contractor is to notify CHFS within five (5) business days of any cancellation or interruption of Contractor or Subcontractor’s insurance coverage. CHFS shall require in any subcontracts that the Subcontractor provide such notice within five (5) business days to the Contractor and CHFS. Contractor shall assure and require that any Subcontractor assure that insurance is in effect, at all times, during the life of this Contract. If their respective insurance coverage expires at any time during the term of this Contract, the Contractor and any Subcontractor shall provide at least thirty (30) calendar days prior to the expiration date, to the extent possible, a new Certificate of Insurance evidencing coverage as provided herein for not less than the remainder of the term of this Contract.

I. Legal Proceedings Except as specifically disclosed in writing to CHFS by the Contractor, prior to the date of this Contract, Contractor certifies there are no suits, investigations, or other proceedings pending or threatened against Contractor or any subcontractor that would have a

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Further, the Contractor shall use its best efforts to notify CHFS within one (1) business day, and in writing within three (3) business days, of all suits, investigations, or other proceedings involving Contractor related to this Contract. The Contractor shall send written notice to the Department.

J. No Grant of Employment or Agency

Nothing in this Contract shall be construed, in any way, as granting to any individual providing services under the Contract any of the claims, privileges, or rights established or recognized under KRS Chapter 18A or KAR Title 101.

At no point shall any individual providing services under this Contract be considered a full-time or part-time employee of CHFS, for any purpose, including but not limited to unemployment, taxes, withholding, health insurance, liability, retirement, workers’ compensation, vacation, sick or other leave, the Family Medical Leave Act, accrued benefits, evaluations, or any other purpose. At all times, any such individual shall be considered and deemed to be an employee of the Contractor.

In no event shall any employee of the Contractor be deemed to be a third-party beneficiary of this Contract or an agent or an employee of the Commonwealth.

K. Service Delivery Requirements

All services provided by the Contractor under the terms and conditions of this Contract shall be delivered in accordance with:

1. All applicable federal and state statutes and regulations as they are currently in effect;

2. All commitments and assurances as set forth in all CHFS grant awards with respect to goals, strategies, funding, and outcomes made by the Commonwealth as required by and contained in grant applications to federal agencies, foundations, and other agencies providing grant funding and in the resulting award notices from those agencies; and

3. All final federally-funded grant award terms and conditions, including federal reporting and expenditure requirements, for any federally-funded proposed project developed jointly by the Contractor and CHFS and submitted to a federal agency.

L. Total Amount of Funds and Budget Revisions

CHFS shall have the right to recoup the amount of any overpayment, regardless of the reason for the overpayment. Any reconciliation or settlement of fund balances contained in the Summary Line Item Section of this Contract is to be negotiated between CHFS and the Contractor and determined as soon as feasible before the end of the scope of work as set forth under the Contract.

The Contractor shall not request a budget revision within the last sixty (60) days of the Contract period.

https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37134 https://apps.legislature.ky.gov/law/kar/titles/101/

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M. Subcontractors Unless provided in the scope of work and pre-approved at the Cabinet level, the Contractor shall make no subcontract or substitutions of subcontractors with any other party for furnishing any of the work or services herein. This provision does not require the approval of contracts of employment between the Contractor and personnel assigned for services thereunder. The Contractor is solely responsible for performance of the entire Contract whether or not subcontractors are used.

Before engaging a Subcontractor not identified in the Contractor’s response or replacing a Subcontractor identified in the Contractor’s response, the Contractor will notify the agency and provide the agency with information regarding the proposed Subcontractor, including but not limited to, the proposed Subcontractor’s relevant qualifications, experience, and key personnel. The agency reserves the right to approve or disapprove any Subcontractor proposed by the prime Contractor; such approval shall not be unreasonably withheld.

All references to the Contractor are to be construed to encompass both the Contractor and any subcontractors of the Contractor.

Subcontractor Monitoring Requirements

The Contractor shall monitor subcontractors for programmatic and fiscal compliance with the terms and conditions of this Contract and those specific provisions set out under the Contractor’s Contract with the subcontractor. The Contractor agrees to utilize restraints or requirements imposed by such factors as generally accepted sound business practices, arm’s length bargaining, Federal and State laws regulations, and terms and conditions of the federal grant award in contracting with subcontractors.

Contractor further understands and agrees, and shall ensure that any Subcontractor understands and agrees, that CHFS and any of its duly authorized agents or representatives shall have access to any books, documents, papers, records, or any other materials that are pertinent to this Contract or Subcontract, for the purposes of making monitoring, auditing, examination, excerpts, and transcriptions.

N. Indirect Cost Except as otherwise authorized by this Contract, no indirect costs are to be reimbursed.

O. CHFS Equipment and Property In addition to RFP Section 10.14, Commonwealth Property:

The Contractor shall not purchase equipment or property with Contract funds, unless and except as specifically authorized under the scope of work and specifications of this Contract.

If equipment and property purchases are specifically allowed by the Scope of Work the following shall apply:

Equipment and property purchased by CHFS for the purposes of fulfilling the requirements of this Contract, and that may include, but not be limited to, furniture, computer software, computer hardware, office equipment, and supplies are considered

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Version 11/06/23 Page 10 of 11 the property of CHFS with any single item purchase of $500.00 or greater, as well as single item purchases of $5,000.00 or greater (capital expenditures), requiring prior approval by the Cabinet. Any capital expenditures of $5,000.00 or greater with federal dollars must also have the federal agency prior approval before the federal government will allow the costs in accordance with 2 CFR, Part 200. All computer and information technology equipment purchases, regardless of cost, require prior approval from the Finance and Administration Cabinet’s Commonwealth Office of Technology and must comply with state technology standards. All required prior approvals shall be obtained by e-mailing the Contract Specialist referenced on the Title Page of this Contract. This equipment and property will remain as such, unless otherwise set forth in this Contract or other controlling documents incorporated herein by reference.

P. Record Retention In addition to RFP Section 10.24, Access to Records:

The Contractor agrees to maintain all records pertaining to this Contract for a period of not less than three (3) years after all matters pertaining to this Contract (e.g., audit, settlement of audit exceptions, disputes, etc.) are resolved in accordance with applicable federal and/or state laws, regulations, and policies (except as may otherwise be specified in this Contract).

Q. CHFS Confidential Information

In addition to RFP Section 10.15, Confidential Information:

The Contractor shall comply with the state and federal rules and regulations governing access to and use of information and data provided by CHFS or collected by the Contractor, and will use such information or data only for those purposes expressly delineated, defined, and authorized in this Contract. The Contractor agrees to ensure that all confidential information and data shall remain confidential. The Contractor shall have an appropriate agreement with its employees to that effect.

Any dissemination of information about projects funded and the scope of work described in the terms and conditions of this Contract, must be fully documented and reviewed by the Cabinet’s project manager before any representation, electronic or otherwise, of projects, their funding sources, use of data, or data analyses may be posted to a web page or otherwise published.

The Contractor shall permit unrestricted access on demand to personnel of the Cabinet, the Office of the Attorney General, the Office of the Auditor of Public Accounts, and any representative of a government funding agency authorized to review records for audit or investigation purposes to its current policies and procedures for ensuring compliance with these confidentiality requirements, the confidentiality agreements with its personnel, and subcontractor confidentiality assurances.

The foregoing will not apply to:

1. Information that the Commonwealth has released in writing from being maintained in confidence;

https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl

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2. Information that at the time of disclosure is in the public domain by having been printed and published and available to the public in libraries or other public places where such data is usually collected; or

3. Information that, after disclosure, becomes part of the public domain as defined above, through no act of the Contractor; or

4. Information required to be disclosed by law.

The Contractor shall have an appropriate agreement with its Subcontractors extending these confidentiality requirements to all Subcontractors’ employees.

R. Response/Compliance with Audit Findings

The Contractor shall take action to ensure its or a subcontractor’s compliance with or correction of any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle relating to the services and deliverables or any other deficiency contained in any audit, review, or inspection conducted under this section. This action will include Contractor’s delivery to CHFS, for CHFS’ approval, a Corrective Action Plan that addresses deficiencies identified in any audit(s), review(s), or inspection(s) within thirty (30) calendar days of the close of the audit(s), review(s), or inspection(s).

The Contractor shall bear the expense of compliance with any finding of noncompliance under this section that is:

1. Required by a Kentucky or Federal law, regulation, rule, or other audit requirement relating to Contractor’s business; or

2. Performed by Contractor as part of this Contract; or

3. Necessary due to Contractor’s noncompliance with any law, regulation, rule, or audit requirement imposed on Contractor.

S. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary

Exclusion, Lower Tier Covered Transactions In accordance with Federal Acquisition Regulation 52.209-5, 2 CFR 180.300, 2 CFR 200.318, 2 CFR 200.303, and FAP 111-59-00 the Vendor shall certify, by signing the Solicitation, that to the best of its knowledge and belief, the Vendor and/or its Principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency. If debarred during the life of the contract, the vendor shall notify the Commonwealth buyer of record within seventy-two (72) hours of the federal debarment.

For this certification, “Principals,” means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions.