Based on the determination by DHMH that the functions to be performed in accordance with Section 2 of this RFP constitute Business Associate functions as defined in HIPAA, the bidder shall execute a business associate agreement as required by HIPAA regulations at 45 CFR §164.501 and set forth in . Attachment J The fully executed business associate agreement must be submitted within 10 working days after notification of award or award of contract, whichever is earlier. Should the Business Associate Agreement not be submitted upon expiration of the ten-day period as required by this solicitation, the Procurement Officer, upon review of the Office of the Attorney General and approval of the Secretary, may withdraw the recommendation for award and make the award to the next qualified offeror.

### 1.34 Conflict of Interest Affidavit and Disclosure

(Delete this section and renumber if non-applicable.) All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Contractor's personnel and each of the participating subcontractor personnel shall be required to complete agreements such as Conflict of Interest Affidavit and Disclosure. For policies Attachment I and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

### 1.35 Non-Visual Access

########## (If applicable, include this paragraph. If not, delete entire sub-section, renumber other sub-sections as necessary and update table of contents.)

By submitting a proposal, the Offeror warrants that the information technology offered under the proposal (1) provides equivalent access for effective use by both visual and non-visual means; (2) will present information, including prompts used for interactive communications, in formats intended for both visual and non-visual use; (3) if intended for use in a network, can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired; and (4) is available, whenever possible, without modification for compatibility with software and hardware for non-visual access. The Offeror further warrants that the cost, if any, of modifying the information technology for compatibility with software and hardware used for non-visual access will not increase the cost of the information technology by more than five percent. For purposes of this Contract, the phrase 'equivalent access' means the ability to receive, use and manipulate information and operate controls necessary to access and use information technology by non-visual means. Examples of equivalent access include keyboard controls used for input and synthesized speech, Braille, or other audible or tactile means used for output.

The Non-visual Access Clause noted in COMAR 21.05.08.05 and referenced in this solicitation is the basis for the standards that have been incorporated into the Maryland regulations, which can be found at: www.dbm.maryland.gov - keyword nva.

### 1.36 Mercury and Products That Contain Mercury

########## (If applicable, include this paragraph. If not, delete entire sub-section, renumber other sub-sections as necessary and update table of contents.)

This solicitation and the resulting Contract require that all materials used in the performance of the Contract shall be mercury-free products. The Offeror shall submit with its proposal a Mercury Affidavit in the form of . Attachment M

### 1.37 American Recovery and Reinvestment Act

(This Section is required only if ARRA funds are used. If not, delete this Section and renumber.)

All Offerors are advised that if a contract is awarded as a result of this solicitation, the successful contractor shall be bound by the ARRA clauses found in the contract contained herein as . Attachment L Instructions for completion of the Monthly Employment Report are contained as . Attachment L-1

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