Financial and Administrative Responsibilities of ASAPs

(1) The ASAP shall comply with regulations set forth in 651 CMR 14.00, et seq., requirements set forth in the Commonwealth Terms and Conditions for Human and Social Services Contracts and all written policies and procedures issued by Elder Affairs. (2) The ASAP shall participate in the Peer Review Process and Quality Improvement activities in cooperation with Elder Affairs. (3) ASAPs shallutilize the management informationsystem (HOMIS) developed and maintained by Elder Affairs for the purpose of managing client information, ASAP expenditure and service delivery data. ASAPs shall submit reports as required by Elder Affairs contracts and written requests. (4) The ASAP shall establish financialsystemsandprocedures that shall comply with the requirements set forth in 808 CMR 1.00, et seq., Title 45 CFR Part 74, and written policies and procedures issued by Elder Affairs. (a) Expenses which do not conform to generally accepted accounting principles, or which are specifically identified as unallowable costs as defined in 808 CMR 1.00 et seq., are unallowable costs for programs or services under contract with Elder Affairs. (b) Costs of direct services, other than ASAP services as defined in 651 CMR 14.01, are not allowable costs unless the ASAP has requested and been granted a waiver in writing from Elder Affairs to provide such direct services. (c) Each ASAP shall secure the services of an independent certified public accountant to perform annual audits required by 808 CMR 1.04 (2). Such auditor shall be selected through an open competitive process conducted at least every three years, including at a minimum an advertisement in a newspaper or a written solicitation to at least three certified public accountants. The audit shall be performed according to requirements of the Division of Purchased Services and any requirements Elder Affairs may prescribe. Prior to initiation of the audit, the ASAP shall provide any such requirements to the auditor and shall inform the auditor in writing that the audit must meet these requirements. (5) Procurement. Procurement ofgoods and services shall be in compliance with Title 45 CFR Part 74, Subpart C, §§ 74.40 through 74.48 and with policies and procedures issued by Elder Affairs. (6) Confidentiality. Any contractor, sub-contractor or grantee of Elder Affairs shall comply in all respects with the Privacy and Confidentiality Regulations law M.G.L. c. 66A, 801 CMR 3.00 et seq., 651 CMR 5.20,where applicable and supplementary privacy and confidentiality policies and procedures developed byElder Affairs (Elder Affairs -Program Instruction, PI-97-22 and successors). (7) Affirmative Action. Any grantee or contractor of Elder Affairs shall have in effect an affirmative action plan which meets the requirements of all applicable federal and state laws and regulations, including Elder Affairs policies and procedures. Upon reasonable notice, Elder Affairs may conduct audits of the affirmative action performance of contractors and grantees. (8) Non-Discrimination in Hiring, Employment and Service Delivery. The contractor shall comply with allfederaland state laws, rules and regulations promoting fair employment practices, or prohibiting employment discrimination and unfair labor practices. The contractor shall not discriminate in the delivery of services against any person who otherwise meets the eligibility criteria for services, or in the hiring of any applicant for employment, nor shall any qualified employee be demoted, discharged or otherwise subject to discrimination in the tenure, position, promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, status as a Vietnam Era Veteran, sexual orientation or for exercising any rights or benefits afforded by law. This will include, but not be limited to, the provisions of Title VI of the Civil Rights Law of 1964, and all requirements imposed by or pursuantto the Regulations of the Department of Health and Human Services (45 CFR part 80) issued pursuant to that Title which will be applied in the operation and administration of the contract or award. The requirements in this section extend to all subcontracts and sub-awards made under the contract or grant from Elder Affairs. (9) Affirmative Market Program. ASAPs shallcomplywithallrequirements Elder Affairs may issue to implement Executive Order 390, which created an Affirmative Market Program to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs). ASAPs are strongly encouraged to subcontract with M/WBEs and to otherwise foster new business relationships with M/WBEs. (10) Administration of Contract Activities. ASAPs shall administer activities funded by Elder Affairs in compliance with all applicable federal, state, and local laws and regulations, and shall specifically comply with the provisions of Title 45 CFR Part 74.