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1 | P a g e Funding Opportunity Announcement: Implementation of the Disability Health Data Linkage Toolkit for Public Health Agencies TABLE OF CONTENTS: Part I. Overview Information Part II. Full Text of Announcement Section I. Funding Opportunity Description 1. Purpose and Background 2. Objectives 3. Deliverables 4. Timeline Section II. Award Mechanism 1. Mechanism(s) of Support 2. Funds Available Section III. Eligibility Information 1. Eligible Applicants Section IV. Application and Submission Information 1. Content and Form of Application Submission 2. Submission Dates and Times a. Submission, Review, and Anticipated Start Dates b. Submitting an Application c. Application Processing Section V. Application Review Information 1. Criteria 2. Review and Selection Process Section VI. Award Administration Information 1. Award Notices 2. Administrative Requirements 3. Risk Determination 4. Award Recipient Responsibilities 5. CSTE Responsibilities PART I: OVERVIEW INFORMATION Issuing Organization: Council of State and Territorial Epidemiologists (CSTE) at www.cste.org Participating Organizations: CSTE and Centers for Disease Control and Prevention (CDC) – Cooperative Agreement number 6 NU38PW000005.
2 | P a g e PART II: FULL TEXT OF ANNOUNCEMENT Section I. Funding Opportunity Description Statement of Purpose The purpose of this notice of funding opportunity is to implement the recently developed CSTE/ASTHO Understanding Disability and Health through Data Linkage toolkit to better assess priority health outcomes among people with disabilities. Background CDC defines disability as any condition of the body or mind (impairment) that makes it more difficult for the person with the condition to do certain activities (activity limitation) and interact with the world around them (participation restrictions). 1 More than one in four American adults has a disability, and people with disabilities experience persistent disparities in health outcomes and access to care. 2 Despite widespread collection of health data, disability is not consistently identified across healthcare and public health systems, limiting visibility into these disparities. Linking disability data with healthcare, public health, and other administrative datasets can help identify people with disabilities across systems, examine differences in health outcomes and healthcare utilization, and uncover disparities that may not be apparent in individual data sources. 3 The Association of State and Territorial Health Officials (ASTHO) was funded in 2025 by CSTE to develop a toolkit for connecting data systems to understand the health of people with disabilities. A group of subject matter experts with lived and professional experience with disability and data linkages was convened to provide input on the toolkit’s content and scope. The toolkit was released in October 2026 and is intended to improve public health agencies knowledge of data sources that can be used to monitor the health and wellbeing of individuals with disabilities and how data linkage can enhance that knowledge and understanding. Objectives CSTE intends to fund up to three state, tribal, local, or territorial (STLT) health departments or academic institutions (that have commitment from at least 1 STLT health department) to: 1. Develop and implement a data linkage analysis plan that leverages at least two unique data sources to monitor an identified health outcome among people with disabilities. Although there is a not a pre-determined health outcome of interest, recipients should clearly specify why the outcome that they choose is of relevant public health importance for their jurisdiction. 2. Collaborate with other awarded jurisdictions and disability-led and disability-serving organizations to identify implementation challenges and opportunities and develop practical recommendations to improve the toolkit’s utility. 1 https://www.cdc.gov/disability-and-health/about/index.html 2 https://www.cdc.gov/disability-and-health/articles-documents/disability-impacts-all-of-us-infographic.html 3 https://cdn.ymaws.com/www.cste.org/resource/resmgr/docs/Understanding_Disability_and.pdf
3 | P a g e 3. Share results, recommendations, best practices, and lessons learned to refine the Disability Health Data Linkage Toolkit to ensure that it reflects the implementation experiences from jurisdictions. Deliverables To meet the above-mentioned objectives, the awardee will be required to meet the following sets of deliverables: 1. Participate in regular update calls and monthly learning community meetings with CSTE, other awarded jurisdictions, implementation toolkit consultant, and disability partners. 2. Provide monthly progress reports to CSTE that include progress metrics, preliminary and final results, risks to the project timeline, and upcoming anticipated activities. 3. Develop an analytic plan for implementing a data linkage project in their jurisdiction that includes the identified data sources, the analytic approach, the dissemination and communication plan, and the expected public health impact. 4. Collaborate with disability-led and disability-serving organizations to understand needs and to receive feedback at all stages of the project (i.e. health outcome/analytic question, analytics plan, analysis review, implementation guide development, and sharing of project findings). 5. Collaborate with other awarded jurisdictions, consultant (ASTHO), CSTE, and disability partners to review and update the data linkage toolkit with practical recommendations and potential challenges with mitigation strategies. 6. Contribute a vignette to the refined toolkit that highlights the experience implementing a disability health-related data linkage project including project successes and lessons learned. 7. Attend and present at the 2027 CSTE Annual Conference (at least two members of the project team will attend each event). Timeline November 9 - December 4, 2026 Funding Opportunity Announcement Open December 7- 14, 2026 Application Review Process and Approval December 15, 2026 Notice of Award December-January 2027 Contract Execution January 15, 2027 Contract Start Date July 30, 2027 Contract End Date *Please note that the timeline is subject to change Section II. Award Mechanism Mechanism(s) of Support CSTE will manage matters related to financial support for this project. Funding for this project will be awarded through a firm-fixed subaward. All applicants assume their own risk for any work started prior to contract execution. Submission of an application is not a guarantee of funding and if an applicant is not funded, then any costs incurred performing work associated with this application are the responsibility of the applicant.
4 | P a g e Funds Available Funding is provided by CDC Cooperative Agreement number 6 NU38PW000005. All subawards are subject to the most recent award terms and conditions, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards (2 CFR 200), and other laws and regulations affecting Federal Assistance. CSTE intends to select multiple awardees and commit up to $35,000 per selected awardee. The specific funding amount will vary depending on the number of successful applications received and the scope of activities within the applicant's budget. The final award amount is contingent on submission of a detailed and reasonable budget proposal, to be approved by CSTE, and the availability of funds. All costs must be allowable in accordance with the Federal cost principles outlined in 2 CFR 200. A budget review tool to assist in determining allowable costs is included as Attachment A. Each applicant will be responsible for its own costs associated with the preparation and submission of this application. CSTE will not be liable for costs incurred by the respondent in preparation and submission of a response to this funding opportunity, regardless of the outcome of the selection process. This is not a research and development award. Any indirect rate applied must not include R&D costs. As this funding is provided via subaward, successful applicants may not earn a profit on the work associated with this award. Section III. Eligibility Information Eligible Applicants Eligible applicants are state, Tribal, local, or territorial health departments or academic institutions (that have commitment from at least 1 STLT health department) with the organizational and program capacity to complete their proposed analytic plans within the project period. Eligible applicants are expected to work collaboratively with a disability-led or disability-serving community organization. If you are a disability-led or disability-serving community organization and would like to partner with your state, tribal, local, or territorial health department on this project and need assistance finding a contact, please reach out to CSTE. CSTE must ensure that the selected applicant(s) are neither suspended nor debarred from receiving federal funds and that the applicant(s) meet any other funding eligibility requirement imposed by the Cooperative Agreement. CSTE’s determination of whether the applicant is eligible to receive federal funding will be definitive and may not be appealed. In the event that CSTE determines that the selected applicant(s) is ineligible to receive federal funding, CSTE will nullify the subrecipient agreement or will cease negotiation of contract terms.
5 | P a g e Section IV. Application and Submission Information Content and Form of Application Submission The application should be no longer than 8 pages, and should be written using a 12-point, double- spaced, unreduced, Times New Roman font, on 8.5x11 inch paged paper with one-inch margins. Additional pages or appendices that are not required may not be reviewed. Please include the headings below in the order listed and address all the issues included under each heading. 1. Contact Information (1 page limit) a. Provide applicant contact information including email address, phone number, and mailing address. b. Indicate if your organization is a minority- or women-owned business 2. Organizational Capacity and Experience (2-page limit) a. Describe prior experience as it relates to: i. Working with data sources that capture disability status ii. Analyzing data and implementing data linkage projects iii. Working with disability-led or disability-serving organizations: 1. Include letters of support from disability-led or disability-serving organizations that you will collaborate with during this project (see Other- not included in 2-page limit for this section) b. Include all relevant experience of team members who would be assigned to this project. 3. Project Plan (5-page limit) a. Describe the proposed work plan and method for achieving project objectives and fulfilling deliverables. b. Please include a timeline for key activities and milestones. 4. Budget and Justification (2-page limit) a. Provide detailed budget and budget justification. 5. Other required documentation (not included in 10-page limit) a. Outside activity form/secondary employment request (if applicable). b. Please include budgets, cost allocation plans and/or negotiated indirect cost rate agreements for any subcontracts included in the proposal. c. Include letters of support from disability-led or disability-serving organizations that you will collaborate with during this project. For further assistance, technical questions, or inquiries about the application, contact Mia Israel (contact@example.gov) and Rebecca Ruvane (contact@example.gov). Representatives from CSTE will be available to speak to potential applicants to discuss technical or administrative questions. All questions and answers will be made available to all potential applicants upon request. Submission Dates and Times Submission, Review, and Anticipated Start Dates:
6 | P a g e • Application Submission Receipt Date: Submissions due by 11:59 PM EST on December 4, 2026 • Award Notification Date: December 15, 2026 • Anticipated Start Date: January 15, 2027 Submitting an Application: Application materials should be sent to Mia Israel (contact@example.gov) and Rebecca Ruvane (contact@example.gov) at by 11:59 PM EST on December 4, 2026. Applications submitted after this deadline may not be reviewed. Notification of successful receipt of the application will be sent to the applicant upon request. Section V. Application Review Information Criteria The following criteria will be used to review all submitted applications: 1. Organizational Capacity and Experience A. Demonstrated organizational capacity, expertise and/or prior experience of agency and project staff (25 points) 2. Project Plan A. Applicant’s understanding of the project and deliverables (10 points) B. Detailed work plan, method, and timeline for completing work in timeframes listed above (40 points) C. Feasibility of proposed work plan (15 points) 3. Budget and Justifications (10 points) A. NIH federal salary limitations apply and compensation for individuals working under this award may not exceed a rate in excess of Executive Level II. This limit applies to an hourly rate, which in 2025 may not exceed the current hourly rate of $108.50. Review and Selection Process Eligible applications that are complete will be evaluated for scientific and technical merit by CSTE in accordance with the review criteria stated above. A review panel of CSTE National Office staff, CSTE Steering Committee members, and subject matter experts may score the applications. Funding awards will be made based upon the quality of the submitted proposal and the ability of the applicant to meet the criteria stated above. Section VI. Award Admission Information Award Notices All applicants will be notified via email no later than December 15. The successful applicant will receive funding through a subaward agreement. Administrative Requirements This funding opportunity will be governed by the sub award agreement between CSTE and the applicant organization. Agreement with CSTE’s contract terms and conditions is a requirement. CSTE reserves the
7 | P a g e right to accept or decline any proposed changes to the terms or conditions. Selected sites should be able to return a signed contract to CSTE within 30 days of receiving it. See Attachment B for CSTE’s standard terms and conditions. Risk Determination In accordance with the requirements of the Cooperative Agreement, CSTE is responsible for evaluating each Subrecipient's risk of non-compliance with Federal statutes, regulations, and the terms and conditions of the Subaward Agreement. Upon award notification, CSTE will issue a brief survey to assess the subrecipients’ internal organizational management and financial controls. This risk assessment will inform monitoring and technical assistance activities. Award Recipient Responsibilities The award recipient will have primary responsibility for the following: 1) Accomplishing the objectives and completing the deliverables listed in this announcement 2) Providing written progress reports and invoices to CSTE as required in the contractual agreement 3) Communicating through multiple avenues on a regular basis for feedback and discussion (e.g., conference calls, emails, etc.) 4) Actively engaging partners and stakeholders 5) Ensuring that all funds are used solely for authorized purposes CSTE Responsibilities CSTE will have the primary responsibility for the following: 1) Serving as the awardee’s principal point of contact between participants, CDC, and other stakeholders 2) Facilitating work and providing avenues for communication between awardee and stakeholders 3) Monitoring the terms of the agreement 4) Funding according to the terms of the subaward agreement For More Information For more information, contact: Mia Israel contact@example.gov Rebecca Ruvane contact@example.gov
8 | P a g e ATTACHMENT A SUBAWARD BUDGET TOOL This checklist may be used to help award applicants develop a budget. CSTE’s Grants and Contracts Office will review each successful subrecipient’s budget for compliance with Federal regulations. Use of this checklist in developing a budget will expedite that review. BUDGET: YES NO OVERALL BUDGET – total amounts for each category and overall budget numbers align and equal amounts in the scope of work/narratives ☐ ☐ -- PERSONNEL: YES NO N/A Hourly Rates and Annual Salaries are within the Executive Level Salary Limitation. (2026 - $109.00 per hour or $228,000 per year) ☐ ☐ ☐ Level of Effort (LOE) for each individual does not exceed 100% (or Number of Hours does not exceed 2,080 hours) across the budget(s). ☐ ☐ ☐ Key personnel required by the FOA are identified. ☐ ☐ ☐ Salaries for other individuals who are NOT employees of applicant organization are excluded from Personnel. Fees for those who are NOT employees of the applicant organization should be shown in the “Contractual” category. ☐ ☐ ☐ FRINGE: YES NO N/A Fringe components and their respective percentages are provided and if applicable, are consistent with the approved federally negotiated indirect cost rate agreement? ☐ ☐ ☐ All fringe components shown are allowable per 2 CFR 200.431 ☐ ☐ ☐ TRAVEL: YES NO N/A Virtual meetings do not include any travel costs. ☐ ☐ ☐
9 | P a g e Travel costs for in-person meetings are based on the correct frequency and number of staff and/or which key personnel must attend. Include: name, title of travelers, meeting name, location and date if available. ☐ ☐ ☐ Excludes travel costs for federal employees, consultants/contractors/sub- subrecipients. ☐ ☐ ☐
10 | P a g e EQUIPMENT: YES NO N/A Excludes equipment that costs less than $10,000 per unit ☐ ☐ ☐ Excludes equipment such as office furnishings, telephone networks, information technology equipment and systems, air conditioning equipment, reproduction and printing equipment, without prior written approval (2 CFR 200.439) Written approval is required and is not guaranteed. ☐ ☐ ☐ OTHER: Federal Funds may NOT be used for meals, sporting events, entertainment, personal items. YES NO N/A INCENTIVES. Excludes incentives. If an incentive is included, then justification must be provided to CSTE. Awardee is responsible for preparing an Incentive Justification (including supporting documentation) and providing that to CSTE to submit for approval. Prior approval is required and approval is not guaranteed. ☐ ☐ ☐ FOOD. Excludes food. If Food/refreshments/meals are necessary to achieve goals of award (HHS Grant Policy Statement). Awardee is responsible for preparing a Food Justification, (including supporting documentation). CSTE will then submit for approval. Prior approval is required and approval is not guaranteed. Funds budgeted for Food cannot be spent until approval is obtained. ☐ ☐ ☐ PROMOTIONAL ITEMS. No Promotional items are included. These include: t-shirts, pens, mugs/cups/water bottles, folders/folios, lanyards, and conference bags. Refer to HHS Policy on the Use of Appropriated Funds for Promotional Items. Outreach/educational items will require prior CSTE approval, must be critical to the mission of the project and must be sufficiently justified per Federal Regulations. ☐ ☐ ☐ SUPPLIES YES NO N/A Supplies included are less than $10,000 per unit A computing device is a supply if the acquisition cost is less than $10,000, regardless of the length of its useful life (see definition of Supplies 2 CFR § 200.1). A serial number log should be maintained for purchase of computers. ☐ ☐ ☐ CONTRACTUAL YES NO N/A Costs for each “Agreement”, including subcontracts are broken out in sufficient detail; that is, costs are shown under one or more of the following Contractual Budget Categories: Personnel, Fringe, Travel, Equipment, Supplies, Other, and Indirect Costs. ☐ ☐ ☐ If the Principal Investigator (PI) (PI) or Project Director (PD) position is held by a consultant or sub-subrecipient, a copy of the formal written agreement that specifies the roles and responsibilities of the PI (even if there is no salary/remuneration) is included with application or will be provided once funded. ☐ ☐ ☐
11 | P a g e OTHER (continued): YES NO N/A STIPENDS. No stipends, unless for training, fellowship. Stipends – stipends are generally unallowable unless they are they are payments made to individuals under a Traineeship, Fellowship, or similar award Made to Organizations on Behalf of Individuals ☐ ☐ ☐ MISCELLANEOUS. Excludes line items listed as “miscellaneous” or “contingency” expenses ☐ ☐ ☐ CSTE Comments on OTHER category: ☐ ☐ ☐ INDIRECT RATE: FEDERALLY NEGOTIATED IDC RATE or COST ALLOCATION YES NO N/A We are using an approved federally negotiated indirect cost rate (IDC) and have included a copy of the IDC rate agreement or Cost Allocation Plan [CFR § 200.332(a)(4)(ii) ] ☐ ☐ ☐ The federally negotiated IDC rate agreement is in effect at the beginning of the budget period ☐ ☐ ☐ The federally negotiated IDC rate charged is for the applicable location and for “non- research program/activity” applicable to the CSTE project ☐ ☐ ☐ Only those direct costs items allowed by the federally rate agreement are included. ☐ ☐ ☐ INDIRECT CHARGES: DE MINIMIS RATE YES NO N/A We do not have an active federal negotiated indirect cost rate and are using a de minimis rate [(2 CFR Part 200.414(f)] on Modified Total Direct Cost. When applying a de minimis rate, costs must be consistently charged as either direct or indirect costs and may not be double charged or inconsistently charged as both. Once elected, the subrecipient must use the de minimis rate for all Federal awards until the subrecipient chooses to receive a negotiated rate. ☐ ☐ ☐ The de minimis rate does not exceed 15% ☐ ☐ ☐ MODIFIED TOTAL DIRECT COST The Modified Total Direct Cost (MTDC) base has been applied correctly? (2 CFR 200.1) Total direct costs less: Equipment and capital expenditures Charges for patient care Rental costs Tuition remission Scholarships and fellowships Participant support costs The portion of each sub-award in excess of $50,000 ☐ ☐ ☐
12 | P a g e ATTACHMENT B SUBAWARD TERMS AND CONDITIONS *Standard Terms and Conditions may differ slightly from those presented here depending on amount and/or type of subaward. CSTE may alter these terms and conditions as needed and Subrecipients are advised to review the final terms of the agreement prior to execution. Article I – Statement of Work More details are set forth in Subrecipient’s Statement of Work as appended hereto as Attachment I. Article II – Cost A. This firm fixed subaward shall be for [Subaward Amount Here] unless changed by written amendment to this Agreement. All funding shall be contingent upon the availability of funds from the CDC (Cooperative Agreement No. NU38PW000005). B. Subrecipient agrees to comply with all requirements, rules and regulations of 2 CFR 200 and 2 CFR 300. C. Subrecipient agrees to abide by the Federal Awarding Agency’s grants policy guidance, including addenda in effect as of the beginning of the date of the period of the performance or as amended found at: https://www.cdc.gov/grants/federal-regulations-policies/index.html D. Subrecipient is subject to audit requirements as set forth in 2 CFR Subpart F 200.515 (see Article XXII-Financial Audit). E. Title to equipment as defined in 2 CFR 200.313 that is purchased or fabricated with award funds or Subrecipient cost sharing funds, as direct costs of the project or program, shall vest in the Subrecipient subject to the conditions specified in 2 CFR 200.313. F. Prior approval must be sought for a change in Subrecipient PI or change in Key Personnel (as listed in the Subrecipient’s application for funding). G. CSTE hereby grants to Subrecipient the right to re-budget funds to the extent necessary, as described in the uniform guidance (2 CFR 200.308, 2 CFR 200.407 and 2 CFR 300.308) to achieve the maximum benefit to the CSTE and in accordance with CDC Policy. Article III - Payment A. A. Subrecipient shall submit invoices per the invoice schedule in Attachment I. Upon receipt of proper invoices, Recipient agrees to process payments in accordance with this Subaward and 2 CFR 200.205 and 2 CFR 300.305. All invoices shall be submitted using Subrecipient’s standard invoice, and shall include the deliverable completed, milestone payment amount, and PO number. Invoices that do not reference Recipient Purchase Order number may be returned to Subrecipient. Submission of the final invoice serves as certification as required in 2 CFR 200.415(a). In submission of final invoice, Subrecipient confirms completion of all deliverables. B. Invoices and questions concerning invoice receipt or payments shall be directed to the following contacts: [CSTE Project Manager Name] [Title] Council of State and Territorial Epidemiologists 2635 Century Parkway NE., Suite 700 Atlanta, GA 30345-3148 [Email] D. Subject to availability of funds, electronic bank-to-bank payment (automated clearing house, or ACH Payment)
13 | P a g e shall be made by CSTE to the Subrecipient within thirty (30) days of receipt of an accepted invoice. However, CSTE reserves the right to delay payment without liability beyond these thirty days if such delay is the result of suspension, disruption or termination of funding to CSTE from the Federal Awarding Agency. In the event of a payment delay, CSTE will notify the Subrecipient of the delay and provide an estimated timeframe for payment if such information is available to CSTE. Subrecipient shall deliver to CSTE the ACH Payment details in a completed CSTE ACH Payment banking form (“ACH Payment Form”) sufficiently in advance of such payment due date. CSTE is not responsible for any fees or other charges that the Subrecipient may incur from any bank or otherwise, as a result of using ACH Payment, or for any damages that may result from any bank’s decision to withhold or delay the release of a payment. It is the Subrecipient’s sole responsibility to ensure that the ACH Payment information CSTE has on record remains correct. Article V – Publicity No Party will use the name of any other Party in any publicity, advertising, or news release without the prior written approval of an authorized representative of that Party. Article VI – Governing Laws This Agreement shall be governed and construed in accordance with laws of the State of Georgia. Article VII – Regulatory Compliance A. If Subrecipient disburses any funds received pursuant to this award it must include all mandatory federal requirements in its subawards and contracts. B. The Subrecipient agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (uniform grant guidance), all relevant and applicable laws and regulations of federal, state, and local governments/agencies, and agrees to adhere to the accounting principles and procedures required therein, use adequate internal controls and maintain necessary source documentation for all costs incurred. C. This subaward does not support research as defined by 42 CFR Part 93. Research activities are not authorized under this Agreement. Any proposed change to include research activities must receive prior written approval from CSTE and must then comply with all applicable federal research integrity requirements. D. If applicable, Subrecipient assures that adequate safeguards shall be taken whenever using human subjects in research projects and an institutional review committee composed of sufficient members with varying backgrounds to assure complete and adequate review of projects involving the use of human subjects has reviewed and approved the projects. Subrecipient will abide by all applicable provisions of the U.S. Department of Health and Human Services regarding the use of human subjects. Article VIII – Rights in Data, Publication, and Copyright A. Rights in Data Subrecipient grants to CSTE and CSTE’s prime funder, the right to use data created, provided or generated in the performance of the project objectives under this Agreement, and while CSTE’s rights are primarily for the purpose of meeting CSTE’s obligations to the prime funder/Federal Government under its Cooperative Agreement, the Subrecipient understands and agrees that the prime funder/Federal Government’s rights to data generated from this project may extend beyond that provided herein.
14 | P a g e B. Copyright and Publication Each Party shall own the entire right, title, and interest, of copyrightable property solely conceived or developed by that Party in the performance of the project. Additionally, the Parties agree that they will jointly own the entire right, title, and interest in copyrightable property jointly conceived or developed by the Parties in the performance of the project under this Agreement. Subrecipient grants to CSTE and its prime funder an irrevocable, transferable, royalty-free, non-exclusive right and license to use, publish, reproduce, make derivative works, display, and perform publicly any copyrights or copyrighted material to the extent required to meet CSTE’s obligations to the Federal Government under its prime Federal Award or as otherwise required for Federal purposes. (2 CFR 200.315 and 300.315) Copyright Interests Provision: This provision is intended to ensure that the public has access to the results and accomplishments of public health activities funded by CDC. Pursuant to applicable grant regulations and CDC’s Public Access Policy, Subrecipient agrees to submit into the National Institutes of Health (NIH) Manuscript Submission (NIHMS) system an electronic version of the final, peer-reviewed manuscript of any such work developed under this award upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication. Also at the time of submission, Subrecipient and/or the Subrecipient’s submitting author must specify the date the final manuscript will be publicly accessible through PubMed Central (PMC). Subrecipient and/or Subrecipient’s submitting author must also post the manuscript through PMC within twelve (12) months of the publisher's official date of final publication; however, the author is strongly encouraged to make the subject manuscript available as soon as possible. The Subrecipient must obtain prior approval from the CDC for any exception to this provision. Subrecipient shall contact the CSTE Project Manager to confirm the acknowledgement wording prior to publication: Each Party further agrees to use best efforts to acknowledge the other Party’s participation in the Project in scholarly publications, in listings of sponsored research projects, and any other purposes. Federal grant and cooperative agreement funds and support shall be acknowledged in any publication written or published by Subrecipient, for the purpose of reporting the results of or describing a federal grant or cooperative agreement supported activity. Subrecipient shall contact the CSTE Project Manager to confirm the acknowledgement wording prior to publication: “This [project/publication/program/website, etc.] [is/was] supported by The Centers for Disease Control and Prevention of the U.S. Department of Health and Human Services (HHS) as a part or component of a financial assistance award totaling $XX with 100 percent funded by CDC/HHS. The contents are those of the
15 | P a g e author(s) and do not necessarily represent the views of, nor an endorsement by, CDC/HHS, or the U.S. Government.” The provisions of this Article shall survive the expiration or termination for any reason of this Agreement. The provisions of this Article shall survive the expiration or termination for any reason of this Agreement. Article IX – Intellectual Property The determination of rights in ownership and disposition of inventions resulting from the performance of the scope of work and the administration of patents will be in accordance with 37 CFR 401 and the terms of this Agreement. Subrecipient agrees to comply with regulations regarding inventions pursuant to 37 CFR Part 401. Each Party’s existing and/or already conceived inventions, discoveries, or patents developed in whole or part in connection with this Agreement shall remain exclusively their own in accordance with 37 CFR Part 401. Subrecipient agrees that CSTE shall own the entire right, title, and interest, including all patents, in and to all inventions or other IP first conceived and reduced to practice by CSTE in the performance of the project and developed using CSTE facilities and personnel under this Agreement (“CSTE Technology”). CSTE agrees that Subrecipient shall own the entire right, title, and interest, including all patents, in and to all inventions or other IP first conceived and reduced to practice by Subrecipient in the performance of the project and developed using Subrecipient facilities and personnel under this Agreement (“Subrecipient Technology”). Additionally, the Parties agree that they will jointly own the entire right, title, and interest, including all patents, in and to all inventions or other IP jointly conceived and reduced to practice by the parties in the performance of the project under this Agreement (“Joint Technology”). Any IP developed in connection with this Agreement and which is the property of the Subrecipient, is subject to obligations under 2 CFR 200.315 and 300.315 and CSTE and CSTE’s prime funder reserve a royalty-free, nonexclusive, and irrevocable right to produce, publish or otherwise use, and to authorize others to use the IP for Federal purposes. The provisions of this Article shall survive the expiration or termination for any reason of this Agreement. Article X – Termination or Suspension A. Either Party may terminate this Agreement by giving written notice to the other Party fifteen (15) days in advance of a specified date of termination. B. If the prime Cooperative Agreement related to this Agreement has been suspended or terminated in whole or in relevant part by the Federal Awarding Agency, CSTE shall provide prompt written notice to Subrecipient regarding such notice from the Federal Awarding Agency. In the event of suspension or termination of the prime Cooperative Agreement related to this Agreement in whole or in relevant part, CSTE may terminate or suspend this Agreement immediately with notice to Subrecipient and without liability to Subrecipient. Such termination or suspension of this Agreement will take effect upon receipt of written notice to Subrecipient
16 | P a g e from CSTE. In the event of termination or suspension, CSTE shall not be liable to Subrecipient for costs incurred prior to the effective date of suspension or termination, including uncancellable obligations. C. As of the effective date of any suspension or termination, Subrecipient will stop work and Subrecipient will not incur any new obligations related to this Agreement. D. If Subrecipient fails to perform to CSTE’s satisfaction any material requirement of this Agreement or is in violation of a material provision of this Agreement, CSTE may either: (a) terminate the Agreement with written notice, effective immediately or (b) enforce the terms and conditions of the Agreement. E. Upon receipt of such notice of termination or suspension from CSTE, Subrecipient shall take all necessary action to cancel outstanding purchase orders and other commitments relating to the project under this Agreement and shall exercise reasonable diligence to cancel its activities and operations. F. CSTE shall remain liable for all allowable costs incurred under this Agreement, including any of the above- mentioned commitments entered into by Subrecipient in good faith prior to the receipt of the termination notice, unless such termination is the result of a material breach by the Subrecipient or is the result of termination, suspension or disruption of funding under the prime Cooperative Agreement related to this Agreement by the Federal Awarding Agency. Upon payment of such costs, CSTE shall be entitled to, and Subrecipient agrees to deliver, the information and items, which, if the Agreement had been completed, would have been required to be furnished to CSTE. Article XI – Non-Solicitation Agreement During the term of this Agreement and for one (1) year thereafter, Subrecipient will not offer work to, solicit or induce for employment, employ, or contract with, personnel of CSTE, without first obtaining the written consent of applicable CSTE Managing Directors. Article XII – Independent Contractor A. In the performance of all services hereunder, neither Party shall be deemed to be an employee of the other Party. B. No Party is authorized or empowered to act as agent for any other for any purpose and shall not on behalf of any other enter into any contract, warranty, or representation as to any matter. None shall be bound by the acts or conduct of any other. Moreover, the Parties agree that CSTE does not dictate or interfere with how Subrecipient manages their business. Subrecipient at all times retains the right to work for others. As provided under the Department of Labor’s Fair Labor Standards Act guidance, Subrecipient retains full management of its business, including: 1. Its ability to manage its business for profit or loss 2. the sole responsibility for investing capital into its business and exploring opportunities to expand its market base. The Subrecipient’s relationship with CSTE will not extend beyond the Period of Performance of this Agreement. The Subrecipient is engaging in work that is incidental to CSTE’s overall mission or business. The Subrecipient is entering into this Agreement fully skilled and able to perform the obligations under this Agreement. The Subrecipient is the sole determinator of its business (hours of work, marketing, workspace, equipment, supplies, taxes and insurance etc. Article XIII – Indemnification A. CSTE assumes all risk of liability with respect to its performance of any activities relating to this project, other than liability arising out of an act or omission of Subrecipient, and shall indemnify and hold Subrecipient harmless from all liability arising out of acts or omissions of CSTE, its employees and agents. B. Subrecipient assumes all risk of liability with respect to its performance of any activities relating to this project, other than liability arising out of any act or omission of CSTE, and shall indemnify and hold CSTE harmless from all liability arising out of acts or omissions of Subrecipient, its employees and agents. Article XIV – Anti Discrimination Compliance
17 | P a g e Subrecipient certifies it has a Form 690 on file with the Department of Health and Human Service’s Office of Civil Rights. Subrecipient understands that compliance with all federal anti-discrimination laws is a material condition and agrees that it will comply with: • Title VI of the Civil Rights act of 1964, as amended (codified at 42 U.S.C. 2000d et seq.), and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 80); • Section 504 of the Rehabilitation Act of 1973, as amended (codified at 29 U.S.C. 794), and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 84); • Title IX of the Education Amendments of 1972, as amended (codified at 20 U.S.C. § 1681 et seq.), and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 86); • The Age Discrimination Act of 1975, as amended (codified at 42 U.S.C. § 6101 et seq.), and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 91); and • Section 1557 of the Patient Protection and Affordable Care Act, as amended (codified at 42 U.S.C. § 18116), and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 92). Article XV – Subrecipient Certifications A. Debarment and Suspension (2 CFR 200.214) Subrecipient certifies to the best of its knowledge and belief that it is not presently debarred, suspended, or proposed for debarment or declared ineligible or otherwise excluded from participation, by any Federal Agency, in accordance with OMB Guidelines. B. Certification of Non-Delinquency of Federal Debt Subrecipient certifies that it is in compliance with the Non-Delinquency on Federal Debt criteria, in accordance with OMB Circular A-129. C. Certification of Drug-Free Workplace Subrecipient certifies that it has implemented appropriate policy in accordance with the Drug-Free Workplace Act of 1988, and 2 CFR 182. D. Certification Regarding Lobbying (2 CFR 200.450 and Section 503 of the Appropriations Act) Subrecipient understands that all costs of influencing activities associated with obtaining grants, cooperative agreements, contracts, or loans are an unallowable cost. Subrecipient certifies to the best of its knowledge and belief that none of the Federal funds appropriated have been paid or will be paid, by or on behalf of Subrecipient or its lower tier subrecipients or contractors, to any person or organization for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. E. Conflicts of Interest The Subrecipient must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. No employee, officer, agent or board member with a real or apparent conflict of interest may participate in the selection, award,
18 | P a g e or administration of a contract supported by a federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. The employees, officers, agents and board members of the Subrecipient must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, the Subrecipient may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The Subrecipient’s standards of conduct must provide for disciplinary actions to be applied for violations of such standards by its employees, officers, agents, or board members. F. Misconduct in Science If applicable, Subrecipient certifies that it has established administrative policies as required by 42 CFR § 93.103. G. Trafficking in Persons (2 CFR Part 175 Appendix A) Subrecipient certifies it will adhere to 2 CFR Part 175. H. Prohibition on certain telecommunications and video surveillance services or equipment. Recipients 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 2 CFR 200.216, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) 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). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) 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. I. Procurement of Recovered Materials (2 CFR 200.323) If the Subrecipient is a state agency or an agency of a political subdivision of a State, Subrecipient agrees to comply with any applicable environmental protection procurement requirements of Section 6002 of the Solid Waste Disposal Act. J. Gun Control Prohibition
19 | P a g e None of the funds may be used, in whole or in part, to advocate or promote gun control. K. Blocking access to pornography None of the funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. L. Needle Exchange None of the funds may be used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. M. Certification of Data Management and Sharing Plan If the Subrecipient is collecting or generating public health data under this Agreement, then the Subrecipient confirms it has a Data Management and Sharing Plan that complies with CDC Additional Requirements 25 (AR-25) (“Plan”) and will adhere to this Plan in its transmission of data to CDC and in its performance of the project deliverables under this Agreement. Article XVI – Changes The Agreement may be modified or amended if the amendment is made in writing and signed by both Parties. Article XVII – Retention and Access to Records Subrecipient shall retain all records pertinent to program activities and financial expenditures incurred under this Agreement for a period of three years after the date of submission of the final expenditure report. Any accounting records and supporting documentation must, at a minimum, be adequate to show all costs incurred under the subaward; receipt and use of any goods and services acquired under the subaward, the costs of the program supplied from other sources, and progress under the Scope of Work in Attachment I. Where a record substantiates a type of expenditure (for example, receipts, invoices, time sheets etc.) that record will include a supporting receipt and have a dated ledger entry, list the payee and include an identifying memo and line item from the approved budget. Notwithstanding the above, if there are litigation, claims, audits, negotiations, written notification from the federal program or cognizant agencies or the pass-through entity, or other actions that involve any of the records cited and that have started before the expiration of the three-year period, then such records must be retained until completion of the actions and resolutions of all issues, or the expiration of the three-year period, whichever occurs later. Subrecipient agrees to provide CSTE, the Comptroller General of the United States, and if appropriate, the State, through their duly authorized representative, access to and the right to examine all records, books, papers, or documents which are related to this project. Article - XVIII – Clean Air Act and Federal Water Pollution Control Act If the agreed to price of this Agreement exceeds $150,000, Subrecipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air act, 42 U.S.C. 7401 et seq., and the Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et seq. Article XIX – Debt Collection
20 | P a g e HHS Claims Collection Regulations (45 CFR Part 30, Subpart B) provides for interest and penalties on all delinquent debts and will be applicable to this Agreement if debt collection becomes necessary. Article XX – Smoke-Free Workplace Subrecipient agrees to provide a smoke-free workplace and promote the nonuse of tobacco products. Workplace is defined to mean office space (including private offices and other workspace), conference or meeting rooms, corridors, stairways, lobbies, restrooms, cafeterias, and other public spaces. Article XXI– Required Disclosures for Federal Awardee Performance and Integrity Information System (FAPIIS) Subrecipient must disclose, in a timely manner in writing to CSTE (pass through entity) and the HHS OIG, all information related to violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. (2 CFR 200.113) Disclosures must be sent in writing to the CSTE and to the HHS OIG at the following addresses: CSTE Office of Grants and Contracts: ATTN: Jackie McClain, Director, Grants and Contracts 2635 Century Parkway Suite 700 Atlanta GA 30345 Email: contact@example.gov U.S. Department of Health and Human Services Office of the Inspector General: ATTN: Mandatory Grant Disclosures, Intake Coordinator 330 Independence Avenue, SW Cohen Building, Room 5527 Washington, DC 20201 Email: contact@example.gov Article XXII – Financial Audit Subrecipient is subject to audit requirements as set forth in 2 CFR Subpart F 200.515. Per 2 CFR 200.501-200.512, Subrecipient certifies that it will provide notice of any adverse findings which impact this Subaward and will provide access as required and as applicable. If Subrecipient is not subject to the Single Audit Act, then Subrecipient will provide notice of the completion of any required audits and provide access to such audits upon request. Article XXIII – Monitoring Plan and Reporting CSTE will monitor Subrecipient to ensure compliance with program requirements and identify any failures in the administration and performance of the Agreement. These reports to be submitted at least on a quarterly basis, or as defined in Attachment I, shall address work plan project activities for the previous time period, progress status, and any potential problems. In addition, Subrecipient shall report significant problems that impact the progress of scheduled work as these problems are encountered (i.e., commensurate with or independent of the quarterly progress reports, as necessary). Subrecipient shall communicate in advance anytime there will be a delay in the timeliness of reporting or a change in the PI. To the extent that CSTE requires additional information to be included in these reports, it must request such information from Subrecipient not less than ten (10) days before the report is due. Article XXIV-Risk Assessment, Specific Conditions and Remedies
21 | P a g e CSTE has conducted a risk assessment for fraud and noncompliance with a subaward and determined the Subrecipient’s level of risk as Low. Risk assessments may be repeated throughout the project period and may be conducted by a CSTE third party agent. If the risk assessment level is concluded to be high at any time, CSTE may require additional conditions and reporting requirements by the Subrecipient per 2 CFR 200.208. In the event of noncompliance or failure to perform, CSTE has the authority to apply remedies, as defined in the Uniform Guidance (2 CFR 200.339), including, but not limited to: temporarily withholding payments, disallowances, suspension or termination of the federal award, suspension of other federal awards received by the subrecipient, debarment or other remedies including civil and/or criminal penalties, as appropriate. Article XXV- Closeout of Award CSTE will close out the award when it determines that all applicable administrative actions, all required work of the Agreement have been completed and all deliverables have been submitted by the Subrecipient. Closeout procedures will be in accordance with 2 CFR 200.344 and 200.345. Activities during the close-out period may include, but are not limited to: A. CSTE must promptly pay all allowable costs B. The Subrecipient must reconcile all cost or expenditure discrepancies C. The Subrecipient must submit all financial, performance, and other reports by the due dates specified in Attachment I of this Agreement D. The Subrecipient must promptly refund to Recipient any balances of unobligated cash E. The Subrecipient must fulfill its audit responsibilities as specified in Article XXII above. F. Subrecipient must finalize provisional indirect cost rates, if applicable, as specified in Attachment I of this Agreement (“Indirect Costs”) G. Subrecipient agrees to provide at a minimum, either the annual (SF425) report due no later than 90 days after the end of the budget period, or a final expenditure report that details final and cumulative spend. Article XXVI – Confidentiality Both Parties acknowledge that during the course of this Agreement, each may obtain confidential information regarding the other Party’s business. Both Parties agree to treat all such information as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Agreement. Article XXVII – Severability If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. Article XXVIII - Warranty Subrecipient shall provide that any services provided under this Agreement will meet, or exceed, the local standard of similar service providers in the community. Further, any products provided under this Agreement shall meet the merchantability and fitness standards for the intended purpose. [END OF TERMS AND CONDITIONS]