PRF88 LIHEAP Translation SOW - Illustrative Purposes.docx

STATEMENT OF WORK (“SOW”)

BETWEEN

THE EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES

AND [SELECTED CONTRACTOR NAME]

FOR THE

TRANSLATION OF LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (“LIHEAP”)

PROGRAM DOCUMENTS

1. INTRODUCTION

The following document will serve as a Statement of Work (“SOW”) between the Executive Office of Housing and Livable Communities (the “Executive Office,” “EOHLC,” “HLC,” or “Agency”) and [SELECTED CONTRACTOR NAME] (“Vendor,” “Bidder,” or “Contractor”) to translate Massachusetts Low Income Home Energy Assistance Program (“LIHEAP”) also referred to as the Massachusetts Home Energy Assistance Program (“HEAP”) or Fuel Assistance documents, as requested by EOHLC and as outlined herein.

The entire agreement (the “Agreement”) between the parties (the “Agreement”) consists of the following documents in the following order of precedence:

1. the Commonwealth Terms and Conditions, as maintained by the Operational Services Division (“OSD”),

2. the Commonwealth Standard Contract Form, as maintained by OSD,

3. the Statewide Contract PRF 88, as maintained by OSD,

4. the Bidder’s response thereto, as maintained by OSD,

5. EOHLC’s RFQ (including all amendments, EOHLC answers to related Bidder questions and clarifications hereto),

6. This SOW between and executed by EOHLC and Bidder, and

7. the Bidder’s response to EOHLC’s RFQ (including all amendments, clarifications, and best and final offers).

In the event of a conflict, the document of higher precedence shall govern.

2. DEFINITIONS

The terms used in this SOW, unless defined in this SOW or in an amendment made hereto, shall have the meaning ascribed to them in the other documents that constitute the Agreement between the parties.

“Deliverable” means any work product that the Contractor delivers for the purposes of fulfilling its obligations to EOHLC under the terms of the Agreement, including work product that the Contractor must submit to EOHLC for EOHLC’s approval in accordance with the formal acceptance procedures set forth within the SOW or the Task Order(s) entered into hereunder.

“Task” means a material activity engaged in by the Contractor for the purpose of fulfilling its obligations to EOHLC under the terms of the Agreement, which may or may not result in the creation of a Deliverable.

“Task Order” means an amendment to this SOW pursuant to PRF 88 that specifies Tasks, Deliverables, or hourly rate services to be completed by the Contractor under the terms of this Agreement.

3. OVERVIEW, EFFECTIVE DATE AND TERM

This SOW’s term (the “Term”) begins on the date on that it is executed by both parties (the “Effective Date”). The SOW shall terminate on [DATE], or on such later date as may be authorized under Statewide Contract PRF 88 or any OSD extensions thereto (“Termination Date”), unless the SOW is otherwise amended, suspended, or terminated by the parties. Notwithstanding the foregoing, Sections 5.1 and 5.2 of System Security, and Section 11 Additional Terms shall survive the termination of the remainder of this SOW.

The Contractor and EOHLC will each assign a single point of contact/Project Manager with respect to this SOW. It is anticipated that the contact person/Project Manager will not change during the Term of this Agreement. In the event that a change is necessary, the party requesting the change will provide prompt written notice to the other. In the event a change occurs because of a non-emergency, two-week written notice is required. For a change resulting from an emergency, prompt notice is required.

The Contractor’s contact person/Project Manager is [NAME], who can be reached at [CONTACT INFORMATION].

EOHLC’s contact person/Project Manager is Edward Kiely, who can be reached at Edward.Kiely@mass.gov.

4.2. Subcontractors

The Contractor shall take full responsibility for project management including any contract services provided by its subcontractors. The Contractor shall submit all subcontracts related to work to be performed hereunder for approval by EOHLC within two weeks of the Execution Date of this SOW and within two weeks for any Task Order issued hereunder which entails work by the Contractor’s subcontractors. The Contractor shall ensure that its subcontractor(s) that perform work efforts under this SOW shall comply with all terms of the Agreement.

The Contractor will act as prime contractor for the Contractor’s subcontractor (s) and be responsible for the performance of subcontractor. The Contractor must submit for approval, be responsible for, and pass on all Agreement covenants, and warranties, etc. to subcontractor.

5. SYSTEM SECURITY

As part of its work efforts under this SOW, the Contractor may be required to use Commonwealth data and IT resources. For purposes of this work effort, “Commonwealth Data” shall mean data provided by EOHLC to the Contractor, which may physically reside at a Commonwealth, EOHLC, or the Contractor’s location.

5.1 Commonwealth Data

As part of its work efforts under this SOW, the Contractor may be required to use Commonwealth Data and Commonwealth personal data under M.G.L. c. 66A and/or any personal information under M.G.L. c. 93H.

In connection with Commonwealth Data, the Contractor will implement commercially reasonable safeguards necessary to:

· Prevent unauthorized access to Commonwealth Data from any public or private network;

· Prevent unauthorized physical access to any information technology resources involved in the development effort; and

· Prevent interception and manipulation of Commonwealth Data during transmission to and from any servers.

5.1 Commonwealth Personal Data

In addition to the above requirements for Commonwealth Data, the Contractor may be required to use the following Commonwealth personal data under MGL ch. 66A and/or personal information under MGL ch. 93H, or to work on or with information technology systems that contain such data in order to fulfill part of its specified tasks.

For purposes of this work effort, electronic personal data and personal information includes data provided by EOHLC to the Contractor which may physically reside at a location owned and/or controlled by the Commonwealth, EOHLC, or the Contractor.

In connection with electronic personal data and personal information, the Contractor shall implement the maximum feasible safeguards reasonably needed to:

· Ensure the security, confidentiality and integrity of electronic personal data and personal information;

· Prevent unauthorized access to electronic personal data or personal information or any other Commonwealth Data from any public or private network; and

· Notify EOHLC immediately if any breach of such system or of the security, confidentiality, or integrity of electronic personal data or personal information occurs.

For the avoidance of doubt, EOHLC shall retain sole and exclusive ownership to all of its program participant files, Commonwealth Data, and Commonwealth Personal Data that may be assembled, created, or used by the Contractor in the performance of its work under this SOW with EOHLC, including its HEAP program participant files and data. The Contractor shall have no rights in or to EOHLC program participant files, Commonwealth Data, and Commonwealth Personal Data other than the limited, non-exclusive, and non-transferrable right to use such files and data solely as required for the Contractor to meet its obligations under this SOW.

The Contractor shall comply with all state and federal laws concerning the confidentiality of Commonwealth Data and Commonwealth personal data, and shall hold all such personal data and personal information in accordance with the Statewide Contract, the Commonwealth Terms and Conditions, the Standard Contract Form Instructions, and applicable state and federal privacy and confidentiality regulations and laws, including without limitation M.G.L. c. 66A, M.G.L. c. 93H, M.G.L. c. 93I, 801 CMR 3.00: Privacy and Confidentiality, and 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth. The Contractor certifies that it has established sufficient internal policies to carry out its obligations hereunder, and that it shall notify its agents, employees, subgrantees, and assignees who may come into contact with Commonwealth Data and Commonwealth personal data that each is subject to the confidentiality requirements set forth herein.

The Contractor certifies that it shall comply with all information security programs, plans, guidelines, standards, and policies that apply to the work to be performed under this SOW. The Contractor shall ensure that its software and security for the services meet, at a minimum, the “Enterprise Information Security Policies and Standards” adopted by Massachusetts EOTSS, available at https://www.mass.gov/handbook/enterprise-information-security-policies-and-standards, any successor standards thereto, or any other standards which EOHLC may provide.

In the event that the Contractor is required by law, court order, regulation, or government agency to disclose any Commonwealth Data or Commonwealth personal data, the Contractor shall provide EOHLC prompt written notice of any such request or requirement so that EOHLC may seek a protective order or other appropriate remedy and/or waive compliance with the applicable requirement of this SOW.

As of the termination of the SOW, the Contractor shall make available all Commonwealth Data and Commonwealth personal data to EOHLC in a format to be agreed upon by EOHLC and the Contractor, or the Contractor shall securely delete or destroy said files and data in conformance with MGL c. 93I.

6. ACCEPTANCE OR REJECTION PROCESS

The Contractor will submit the required Deliverables specified in this SOW, or any Task Order entered into hereunder, to the EOHLC Project Manager for approval and acceptance. EOHLC will review the work product for each of the Deliverables and evaluate whether each Deliverable has clearly met in all material respects the criteria established in this Agreement and the relevant Task Order specifications. Once reviewed and favorably evaluated, the Deliverables will be deemed acceptable.

Within ten (10) working days of receipt of each Deliverable, the EOHLC Project Manager will notify the Contractor, in writing, of the acceptance or rejection of said Deliverable using the acceptance criteria specified in this Section and associated with the Task or Deliverable specifications in this Agreement. An email issued by EOHLC or a form signed by EOHLC shall indicate acceptance. The Contractor shall acknowledge receipt of such acceptance in writing. Any rejection will include a written description of the defects of the deliverable. If EOHLC does not respond to the submission of the Deliverable, within five (5) working days of EOHLC’s receipt of each Deliverable, the Contractor shall provide a reminder notice to the EOHLC Project Manager. If EOHLC fails to reject a Deliverable within five (5) business days after EOHLC’s receipt of the reminder notice, the Task or Deliverable is deemed accepted.

If EOHLC rejects a Deliverables, the Contractor will, upon receipt of such rejection, act diligently to correct the specified defects and deliver an updated version of the Deliverable to the Commonwealth. EOHLC will then have an additional 5 (five) business days from receipt of the updated Deliverable to notify the Contractor, in writing, of the acceptance or rejection of the updated Deliverable. Any such rejections will include a description of the way in which the updated Deliverable fails to correct the previously reported deficiency.

Following any acceptance of a Deliverable which requires additional work to be entirely compliant with the pertinent specifications, and until the next delivery, the Contractor will use reasonable efforts to provide a prompt correction or workaround.

This Agreement may be amended prior to the end of the Term. The Project Manager who would like to request a change in scope for this engagement or any other terms contained within the Agreement, will provide the suggested amendment in writing to the other party’s Project Manager, or their designee. The Project Managers, or their designees, will jointly determine whether the change impacts any terms contained within the Agreement. The parties may mutually agree to the change through a written amendment to this SOW.

9. Equipment, Work Space, Office Supplies

All meetings shall be held remotely via Microsoft Teams or Zoom unless agreed to otherwise by the parties. As EOHLC determines necessary, EOHLC will provide access to workspace, cubicles, standard office equipment, and standard network connectivity provided to state employees for Contractor team members working on-site for activities defined by this SOW or in the relevant Task Order. The Contractor will submit a list of employees who will need access to the building and to state systems before execution of this SOW. Any Contractor employees who have access to IT resources must comply with the “Acceptable Use Policy” (see www.mass.gov/itd) or any alternative Acceptable Use Policy adopted by the EOHLC.

10. This section is left intentionally blank.

11. ADDITIONAL TERMS

In conformance with PRF 88 and the Commonwealth’s Standard Terms and Conditions, all Deliverables created under this Agreement whether made by the Contractor, subcontractor or both are the property of EOHLC, except for the Contractor Property embodied in the Deliverable. The Contractor irrevocably and unconditionally sells, transfers and assigns to EOHLC or its designee(s), the entire right, title, and interest in and to all intellectual property rights that it may now or hereafter possess in said Deliverables, except for the Contractor Property embodied in the Deliverables, and all derivative works thereof. This sale, transfer and assignment shall be effective immediately upon creation of each Deliverable and shall include all copyright, patent, trade secret, trademark and other intellectual property rights created by Contractor or the Contractor’s subcontractor in connection with such work (hereinafter the "Commonwealth Property").

12. CONTRACTOR TASKS AND DELIVERABLES

This Section describes the Deliverables that Contractor will provide to EOHLC and the Tasks that Contractor will complete by the end of the engagement described in this SOW. A Task or Deliverable will be considered “complete” when all the acceptance criteria set forth in this SOW have been met or the prescribed review period for each Deliverable or Task has expired without written response from EOHLC. The Task/Deliverable numbers are referred to in subsequent sections throughout this SOW.

Consistent with EOHLC guidance, the Contractor shall provide EOHLC with the document translation services identified below:

Timeframe for completion of translation services each year: Approximately 2 weeks

Annually for the duration of the SOW, EOHLC will provide forms that must be translated into the following languages, or such other languages as EOHLC may specify:

· Spanish

· Chinese

· Vietnamese

· Portuguese

At the bottom of each document, the following must be included in the translated language.

“PLEASE NOTE: This document is a translation of an EOHLC-issued document. EOHLC provides this translation merely as a convenience to assist in your understanding of your rights and obligations. The translated document is not an official document. The EOHLC-issued, English language version of this document is the official, legal, controlling document and is available upon request from the fuel assistance agency.”

Each document must also include the English name of the form and the name of the translated language used on that form.

For example: Front of Application - Spanish

The names of the documents to be translated are as follows:

· Applicable Fiscal Year (“FY”) LIHEAP Application (for example “FY27”) (2 documents)

· 2026 - 2027 Mass. Home Energy Assistance Weatherization Application (LIHEAP) (Front of Application)

· Applicant Declarations and Authorizations for Use of Personal Information (FY 2027 LIHEAP Back of Application)

· Margin-Over-Rack Participation Letter for Clients – (1 document)

· Appeal documents (8 documents)

· Notice of Appeal Rights (2026-2027)

· Rules for Fair Hearings (2026-2027)

· Rules for Fair Hearings 2026-2027 (page two)

· Appeal Form (2026-2027)

· Notice of Appeal Hearing (2026-2027)

· Appeal-Incomplete Notice, Local Level Appeal – Denial

· Local Level Appeal – Approval (Overturn of Previous Application Determination Decision/Eligibility for Program Benefits)

· Applicable FY LIHEAP Forms (28 documents)

· Application Addendum

· Wage Match Notice

· Application Approval Notice

· Application Approval Notice Prorated

· Notice To Prorated Household Experiencing An Emergency That Was Previously Approved For Prorated Benefit

· Remaining Benefits/Payments Made Letter

· Child Support/Alimony Documentation Form

· Applicant Transfer Letter

· Denial Notice

· Denial Notice for Incompletion

· Financial Assistance Statement

· LIHEAP Income Sheet

· Odd Jobs Income Statement

· Incomplete Application Notice

· Incomplete Application-Final Notice

· Letter to Ineligible Recipient of One-time Emergency Payments

· Low-Income/No Income Form

· No Income (Zero Income) Statement

· No Mortgage/No Homeowner’s Insurance Statement

· Proxy Authorization Form

· Recoupment Notice

· Eligibility & Recoupment Notice

· Owner Occupied Property Rental Income Worksheet

· Self-Employment Description Form

· Share Living/Separate Economic Unit Questionnaire

· Tenant/Landlord Form

· Utility/Deliverable Fuel Bill in Name of Person Outside the Household

· Verification of Wood/Wood Pellets Delivery

EOHLC will also provide written copy that was prepared for social media postings that must be translated into the above listed languages.

The total of documents to be translated is approximately 39. This number may be adjusted in a particular FY by EOHLC.

All written documents shall be delivered in machine-readable format, capable of being completely and accurately reproduced by computer software on a laser printer.

EOHLC and the Contractor may also agree to include additional, related services in the SOW.

13. PAYMENT TERMS

All payments under this Agreement shall be via cost reimbursement/invoicing and shall be made in accordance with the Commonwealth's bill paying policy. This SOW is subject to the Commonwealth Terms and Conditions, the availability of sufficient funding, and satisfactory Contractor performance.

14. COMPLIANCE WITH LAWS; NONDISCRIMINATION

This SOW shall be construed in accordance with and governed by applicable laws of the Commonwealth of Massachusetts and federal law. The Contractor shall comply with all applicable federal and state laws, regulations, ordinances, and codes as they may be amended or superseded from time to time, as well as applicable guidelines and technical guidance which EOHLC may issue from time to time.

The Contractor shall not deny SOW services to or otherwise discriminate in the delivery of SOW services because of any basis prohibited by law. The Contractor shall comply with all applicable federal and state statutes, rules, and regulations and administrative and Executive Orders prohibiting discrimination, including, without limitation, the Americans with Disabilities Act, as amended (42 U.S.C. §§ 12101, et seq.), Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000d, et seq.), the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101, et seq.), M.G.L. c. 151B, M.G.L. c. 272 §§ 92A, 98, and 98A, M.G.L. c. 111 § 199A, M.G.L. c. 121B, § 32, 42 U.S.C. 9918(c) and 45 C.F.R. 80.

15. RECORDS

The Contractor shall maintain all books, documents, payroll records, accounting records, purchase orders, and other evidence pertaining to costs incurred under this SOW, as specified in the Commonwealth Terms and Conditions. The Contractor shall promptly respond to EOHLC’s requests for information, and allow EOHLC or its authorized agents access to applicable SOW files, records, and materials upon request. Requests for extensions for the submission of any records required by EOHLC must be submitted in writing to EOHLC for approval or disapproval prior to the passing of the deadline. Such requests should explain the reason for the delay and specify the new deadline.

16. FRAUD, WASTE, AND ABUSE

The Contractor shall maintain and utilize systems and procedures to prevent, detect, and correct fraud, waste, and abuse in activities funded under this SOW. The Contractor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of the Contractor’s obligations hereunder. The Contractor certifies that it has established sufficient internal control policies to carry out its obligations hereunder.

17. MISCELLANEOUS

To the extent that this SOW receives federal funding, the Contractor is not providing services as a subrecipient of EOHLC. The Contractor is an independent contractor and not an employee or agent of EOHLC.

This SOW is not intended to, and shall not, confer any rights or remedies upon anyone other than the parties hereto.

The failure of either party to enforce at any time any of the provisions or terms of this SOW shall in no way be considered to be a waiver of such provisions. If any provision of this SOW is found by any court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall, to the extent required, be deemed deleted or revised, and the remaining provisions shall continue in full force and effect to the maximum extent possible so as to give effect to the intent of the parties.

The undersigned hereby represent that they are duly authorized to execute this SOW on behalf of their respective organizations:

Executive Office of Housing and Livable Communities (“EOHLC”)

[SELECTED CONTRACTOR NAME]

Name and Title

Name and Title

Date

Date