1.1.4 - SOW - Chiller Maintenance JC - 2.0.docx

STATEMENT OF WORK

CHILLER MAINTENANCE CONTRACT

1.0 GENERAL: The Contractor shall provide preventive and remedial maintenance services on the air conditioning chillers listed in paragraph 1.1 below. These systems are located at the Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Mount Weather Emergency Operations Center (MWEOC), 19844 Blue Ridge Mountain Road, Mt. Weather, VA 20135-2006. Maintenance services shall be performed in accordance with the Original Equipment Manufacturer (OEM) maintenance specifications and schedules, and as described in this Statement of Work (SOW).

1.1 The Contractor shall provide maintenance services on four (4) Government-owned YORK chillers manufactured by Johnson Controls, Inc. (JCI). Chiller #1 is a Model Number YRVBVBTO-46C with Serial Number SAWM-462040. Chillers #2, #3 and #4 are Model Number YKCQCQQ5-CNGS, Serial Numbers SAWM-484030, SLVM-401680 and SLVM-401890 respectively. Chillers #3 and #4 were placed in service in April 2010, while Chillers #1 and #2 were placed in service in December 2010.

1.2 At the time of contract award, the Contractor must have a Defense Security Service (DSS) TOP SECRET facility clearance and must provide at least two (2) qualified service technicians with an active DSS TOP SECRET security clearance. All technicians performing work under this contract must be manufacturer certified to perform maintenance service on MWEOC’s YORK chillers. The Contractor must also have direct access to Escopeta assist with any necessary remedial maintenance.

2.0 SECURITY REQUIREMENTS: A DSS TOP SECRET facility clearance is required of the Contractor and any Subcontractors; individual DSS TOP SECRET clearances are required for all staff performing work at the MWEOC facility. Contractor personnel must comply with MWEOC security regulations/requirements, as well as CFR 44, PART 15; CONDUCT AT THE MT. WEATHER EMERGENCY ASSISTANCE CENTER AND AT THE NATIONAL EMERGENCY TRAINING CENTER. The Contractor is required to become familiar with and abide by information provided to them after contract award concerning specifications for working in CLASSIFIED areas. Such information may deal with security regulations, temporary facilities and controls, and any associated work restrictions. Any necessary security clearances shall be obtained prior to commencement of work. A DD Form 254 will apply and be issued under this contract.

2.1 A portion of the work to be performed under this contract is in a classified area that requires a TOP SECRET security clearance to access. Such access will be only to perform the services required in this SOW. The Contractor shall allow approximately 30 calendar days, from submittal of approved VAR/VAL/DD254 access forms, for approval by the U.S. Government to allow personnel with active TOP SECRET clearances access to classified areas at the MWEOC facility.

2.2 Contractor personnel should anticipate up to one additional hour per visit to allow for vehicle inspection prior to entering the MWEOC facility, as well as for access to the equipment to be serviced. Under certain circumstances, the Government may determine it necessary to halt operations and have the Contractor’s personnel vacate the area with little advance notice. If such an interruption should occur, the Contractor shall immediately notify the Contracting Officer (CO) about the stop work requirement so the CO can formally issue a stop work order, as appropriate.

2.3 The Contractor will require access to:

· COMMUNICATIONS SECURITY (COMSEC) INFORMATION – NO

· RESTRICTED DATA – NO

· CRITICAL NUCLEAR WEAPON DESIGN INFORMATION – NO

· FORMERLY RESTRICTED DATA – NO

· INTELLIGENCE INFORMATION – SENSITIVE COMPARTMENTED INFORMATION (SCI) – NO

· INTELLIGENCE INFORMATION – NON-SCI – NO

· SPECIAL ACCESS INFORMATION – NO

· NATO INFORMATION – NO

· FOREIGN GOVERNMENT INFORMATION – NO

· LIMITED DISSEMINATION INFORMATION – NO

· FOR OFFICIAL USE ONLY INFORMATION (FOUO) – YES

2.4 In performing this contract, the Contractor will:

· HAVE ACCESS TO CLASSIFIED INFORMATION ONLY AT ANOTHER CONTRACTOR’S FACILITY OR A GOVERNMENT ACTIVITY – YES

· RECEIVE CLASSIFIED DOCUMENTS ONLY – NO

· RECEIVE AND GENERATE CLASSIFIED MATERIAL – NO

· FABRICATE, MODIFY, OR STORE CLASSIFIED HARDWARE – NO

· PERFORM SERVICES ONLY – YES

· HAVE ACCESS TO U.S. CLASSIFIED INFORMATION OUTSIDE THE U.S., PUERTO RICO, U.S. POSSESSIONS AND TRUST TERRITORIES – NO

· BE AUTHORIZED TO USE THE SERVICES OF THE DEFENSE TECHNICAL INFORMATION CENTER (DTIC) OR OTHER DISTRIBUTION CENTER – NO

· REQUIRE A COMSEC ACCOUNT – NO

· HAVE TEMPEST REQUIREMENTS – NO

· HAVE OPERATIONS SECURITY (OPSEC) REQUIREMENTS – YES

· BE AUTHORIZED TO USE THE DEFENSE COURIER SERVICE – NO

3.0 INITIAL INSPECTION: Within seven (7) workdays after date of award, the Contractor and Contracting Officers Representative (COR) shall perform an inspection of the equipment to be maintained. The purpose of the inspection will be to ascertain the present condition of the equipment. The Contractor shall contact the COR to coordinate the date and time for the inspection. Upon completion of the inspection, the Contractor shall prepare a report, in writing, advising of the condition of the equipment and any recommended repairs and/or replacements necessary to bring the equipment up to a condition acceptable to the Contractor for performing maintenance. The report shall be provided to the CO, with a copy furnished to the COR, within ten (10) calendar days after the date of the inspection. It will be the CO’s decision as to how any recommended repairs/replacements are to be accomplished. If the decision is made to have the Contractor perform the repairs/replacements, the Government will reimburse the Contractor for said repairs/replacements. However, the Contractor shall not commence with any repairs/replacements until written notification from the CO.

4.0 PREVENTIVE MAINTENANCE: All preventive maintenance shall be scheduled at least 7 calendar days in advance with the COR and shall be performed during the hours of 7:00 A.M. - 4:30 P.M. Monday through Friday, excluding federal holidays.

4.1 The preventive maintenance frequency of the chillers shall be in accordance with the Original Equipment Manufacturers (OEM) maintenance schedule/specifications but shall not be less than one (1) scheduled visit per calendar month. The Contractor shall furnish a Maintenance Report to the COR, with a copy furnished to the CO, upon completion of each maintenance call. The report shall include the following:

a. Date and time of arrival by Contractor personnel at the Government facility.

b. Time spent by the Contractor for performance of preventive maintenance.

c. Description of the maintenance performed.

d. List of parts replaced or repaired, if applicable.

4.2 The manufacturer's recommended minimum preventive maintenance shall include, but not be limited to, the items listed below. All the initial readings and end result readings for the required maintenance checklists shall be recorded as part of the description of the maintenance performed (reference paragraph 4.1 c above).

4.2.1 MONTHLY PREVENTIVE MAINTENANCE

(a) Check operation.

(b) Check status of control system switches and status indicators.

4.2.2 QUARTERLY PREVENTIVE MAINTENANCE

(a) Take an oil sample and have an oil analysis performed. Provide a copy of the oil analysis report to the COR including a recommendation regarding changing the oil in the chiller.

(b) Perform a refrigerant leak test.

(i) Check transducers for accuracy and calibrate if necessary.

(ii) Check power supplies for proper voltage.

(iii) Calibrate automatic capacity control system.

(b) Check power wiring for tightness. Retighten as required.

(c) Evaluate chiller readings to determine if evaporator and/or condenser need to be cleaned. If required, cleaning will be performed by the Government.

4.3 The cost of any parts that are normally replaced or repaired as a result of the preventive maintenance performed are to be included in the monthly preventive maintenance charge. Therefore, the Contractor shall not be reimbursed separately for any replacement and/or repair parts normally associated with the preventive maintenance performed.

5.0 REMEDIAL MAINTENANCE: Contractor shall maintain a 24 hour per day, seven day per week telephone contact or employ an answering service for notification by the Government of the need for remedial maintenance. The Contractor shall provide the COR with the designated point of contact and the telephone number for the purpose of notification when the need for remedial maintenance arises. Reimbursement for remedial maintenance to the Contractor shall be in accordance with the hourly rates identified in the Purchase Order. Only new OEM parts or parts of equal quality shall be used during all maintenance activities. The cost of parts will be a cost reimbursable line item, and the contractor shall provide copies receipts/documentation with their invoices.

5.1 A remedial maintenance report shall be furnished to the COR upon completion of each remedial maintenance visit. As a minimum, the report shall include:

a. Date and time the Contractor was notified by the Government

b. Date and time of arrival

c. Hours performing maintenance

d. Description of maintenance performed

e. Listing of parts replaced or repaired

5.2 RESPONSE TIME: Upon notification that equipment is inoperative, during normal working hours a four-hour response is required. After hours, a best effort basis not to exceed 24 hours is expected. Associated equipment shall not be shut down without prior approval of the COR. Normal working hours are defined as 7AM – 4:30PM, Monday through Friday, excluding federal holidays.

5.3 DIAGNOSTIC ERRORS: The Contractor shall be responsible for the costs of services and parts charged to the Government for remedial maintenance calls when the Contractor incorrectly diagnoses the malfunction as not pertaining to a machine maintained by the Contractor and such malfunction, in fact, pertained to a Contractor-maintained machine. However, the Government will make equitable payment to the contractor when the Contractor is required to make a remedial maintenance call and no service is needed to be performed.

6.0 SCHEDULING: The facility will be occupied during maintenance operations and must remain operational and accessible throughout the period of performance. Limited and short duration utility outages shall be permitted with close coordination and approval from the COR. The Government inspector reserves the right to be present during the performance of services. MWEOC’s chiller systems are critical. Any work that will require a system to be shut down, or that might accidentally shut a system down, shall be coordinated with the COR.

7.0 As required by Executive Order 12829 and under the authority of DOD Directive 5220.22, the Contractor must provide all cleared employees with Operations Security (OPSEC) and Insider Threat (IT) security education and training at least annually. Training methods for Contactor personnel can be found at:

· IT – http://cdsetrain.dtic.mil/itawareness/index.htm

· OPSEC – https://www.iad.gov/ioss/department/opsec-fundamentals-course-opse1300-opse1301-opse1300e-10045.cfm

· Certification of attendance is required to be sent to the DHS/FEMA Security Programs Office no later than 30 days after contract award. New employees appointed for work on this contract must receive OPSEC and IT training within 30 business days of joining the contract.

· The Contractor’s Facility Security Officer (FSO) must submit annual training certifications within 30 business days via email to:

· For IT Certificates – FEMA-OCSO-Insider-Threat-Training-CY15@fema.dhs.gov

· For OPSEC Certificates – fema-opsec@fema.dhs.gov

· Please contact FEMA-OCSO-Insider-Threat-Training-CY15@fema.dhs.gov for questions or issues related to IT training and fema-opsec@fema.dhs.gov for questions or issues related to OPSEC training.

All report(s) resulting from the Preventative Maintenance and/or subsequent repairs shall be generated on site and comply with the current Mount Weather EOC Security Classification Guide. All documentation, to include field notes, shall be produced at an Unclassified (For Official Use Only) level and will be reviewed by the COR prior to transmission or production.

8.0 MAINTENANCE FACILITIES: The Contractor shall be responsible for storing spare parts required for the use of the Contractor’s maintenance personnel since the Government does not have space available for the storage of said parts. The Government will provide adequate working space, including heat, telephone for local calls, light, ventilation, electric current, and outlets for the use of the Contractor’s maintenance personnel. The facilities will be provided at no charge to the Contractor. The Contractor shall not be obligated to provide maintenance service on equipment located in an unsafe or hazardous environment, or which has been rendered unsafe by alterations or connections to other than industry standard equipment.

9.0 LIABILITY FOR INJURY OR DAMAGE: The Contractor shall not be liable for any injury to Government personnel or damage to Government property arising from the use of equipment maintained by the Contractor unless such injury or damage is due solely to the fault or negligence of the Contractor.

10.0 INSPECTION OF EQUIPMENT UPON CONTRACT EXPIRATION: The COR, upon termination or expiration of the contract, will inspect the equipment maintained by the Contractor. If the equipment is not in good mechanical and/or electrical condition, and is not operating properly as established by the manufacturer's specifications, the Contractor shall restore the equipment to a level suitable for maintenance or shall reimburse the Government for all costs associated with restoring the equipment to an acceptable level, if restoration is performed by other than the Contractor.

IV.SAFEGUARDING OF SENSITIVE INFORMATION (MAR 2015)

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Definitions. As used in this clause—

“Personally Identifiable Information (PII)” means information that can be used to distinguish or trace an individual's identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name. The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. In performing this assessment, it is important for an agency to recognize that non-personally identifiable information can become personally identifiable information whenever additional information is made publicly available—in any medium and from any source—that, combined with other available information, could be used to identify an individual.

PII is a subset of sensitive information. Examples of PII include, but are not limited to: name, date of birth, mailing address, telephone number, Social Security number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), static Internet protocol addresses, biometric identifiers such as fingerprint, voiceprint, iris scan, photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive Information” is defined in HSAR clause 3052.204-71, Contractor Employee Access, as any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of Title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107- 296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(2) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(3) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

“Sensitive Information Incident” is an incident that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access or attempted access of any Government system, Contractor system, or sensitive information.

“Sensitive Personally Identifiable Information (SPII)” is a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Some forms of PII are sensitive as stand-alone elements. Examples of such PII include: Social Security numbers (SSN), driver’s license or state identification number, Alien Registration Numbers (A-number), financial account number, and biometric identifiers such as fingerprint, voiceprint, or iris scan. Additional examples include any groupings of information that contain an individual’s name or other unique identifier plus one or more of the following elements:

(1) Truncated SSN (such as last 4 digits)

(2) Date of birth (month, day, and year)

(3) Citizenship or immigration status

(4) Ethnic or religious affiliation

(5) Sexual orientation

(6) Criminal History

(7) Medical Information

(8) System authentication information such as mother’s maiden name, account passwords or personal identification numbers (PIN)

Other PII may be “sensitive” depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but is not sensitive.

(c) Authorities. The Contractor shall follow all current versions of Government policies and guidance accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors, or available upon request from the Contracting Officer, including but not limited to:

(1) DHS Management Directive 11042.1 Safeguarding Sensitive but Unclassified (for Official Use Only) Information

(2) DHS Sensitive Systems Policy Directive 4300A

(3) DHS 4300A Sensitive Systems Handbook and Attachments

(4) DHS Security Authorization Process Guide

(5) DHS Handbook for Safeguarding Sensitive Personally Identifiable Information

(6) DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program

(7) DHS Information Security Performance Plan (current fiscal year)

(8) DHS Privacy Incident Handling Guidance

(9) Federal Information Processing Standard (FIPS) 140-2 Security Requirements for Cryptographic Modules accessible at http://csrc.nist.gov/groups/STM/cmvp/standards.html

(10) National Institute of Standards and Technology (NIST) Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations accessible at http://csrc.nist.gov/publications/PubsSPs.html

(11) NIST Special Publication 800-88 Guidelines for Media Sanitization accessible at http://csrc.nist.gov/publications/PubsSPs.html

(d) Handling of Sensitive Information. Contractor compliance with this clause, as well as the policies and procedures described below, is required.

(1) Department of Homeland Security (DHS) policies and procedures on Contractor personnel security requirements are set forth in various Management Directives (MDs), Directives, and Instructions. MD 11042.1, Safeguarding Sensitive But Unclassified (For Official Use Only) Information describes how Contractors must handle sensitive but unclassified information. DHS uses the term “FOR OFFICIAL USE ONLY” to identify sensitive but unclassified information that is not otherwise categorized by statute or regulation. Examples of sensitive information that are categorized by statute or regulation are PCII, SSI, etc. The DHS Sensitive Systems Policy Directive 4300A and the DHS 4300A Sensitive Systems Handbook provide the policies and procedures on security for Information Technology (IT) resources. The DHS Handbook for Safeguarding Sensitive Personally Identifiable Information provides guidelines to help safeguard SPII in both paper and electronic form. DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program establishes procedures, program responsibilities, minimum standards, and reporting protocols for the DHS Personnel Suitability and Security Program.

(2) The Contractor shall not use or redistribute any sensitive information processed, stored, and/or transmitted by the Contractor except as specified in the contract.

(3) All Contractor employees with access to sensitive information shall execute DHS Form 11000-6, Department of Homeland Security Non-Disclosure Agreement (NDA), as a condition of access to such information. The Contractor shall maintain signed copies of the NDA for all employees as a record of compliance. The Contractor shall provide copies of the signed NDA to the Contracting Officer’s Representative (COR) no later than two (2) days after execution of the form.

(4) The Contractor’s invoicing, billing, and other recordkeeping systems maintained to support financial or other administrative functions shall not maintain SPII. It is acceptable to maintain in these systems the names, titles and contact information for the COR or other Government personnel associated with the administration of the contract, as needed.

(e) Authority to Operate. The Contractor shall not input, store, process, output, and/or transmit sensitive information within a Contractor IT system without an Authority to Operate (ATO) signed by the Headquarters or Component CIO, or designee, in consultation with the Headquarters or Component Privacy Officer. Unless otherwise specified in the ATO letter, the ATO is valid for three (3) years. The Contractor shall adhere to current Government policies, procedures, and guidance for the Security Authorization (SA) process as defined below.

(1) Complete the Security Authorization process. The SA process shall proceed according to the DHS Sensitive Systems Policy Directive 4300A (Version 11.0, April 30, 2014), or any successor publication, DHS 4300A Sensitive Systems Handbook (Version 9.1, July 24, 2012), or any successor publication, and the Security Authorization Process Guide including templates.

(i) Security Authorization Process Documentation. SA documentation shall be developed using the Government provided Requirements Traceability Matrix and Government security documentation templates. SA documentation consists of the following: Security Plan, Contingency Plan, Contingency Plan Test Results, Configuration Management Plan, Security Assessment Plan, Security Assessment Report, and Authorization to Operate Letter. Additional documents that may be required include a Plan(s) of Action and Milestones and Interconnection Security Agreement(s). During the development of SA documentation, the Contractor shall submit a signed SA package, validated by an independent third party, to the COR for acceptance by the Headquarters or Component CIO, or designee, at least thirty (30) days prior to the date of operation of the IT system. The Government is the final authority on the compliance of the SA package and may limit the number of resubmissions of a modified SA package. Once the ATO has been accepted by the Headquarters or Component CIO, or designee, the Contracting Officer shall incorporate the ATO into the contract as a compliance document. The Government’s acceptance of the ATO does not alleviate the Contractor’s responsibility to ensure the IT system controls are implemented and operating effectively.

(ii) Independent Assessment. Contractors shall have an independent third party validate the security and privacy controls in place for the system(s). The independent third party shall review and analyze the SA package, and report on technical, operational, and management level deficiencies as outlined in NIST Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations. The Contractor shall address all deficiencies before submitting the SA package to the Government for acceptance.

Support the completion of the Privacy Threshold Analysis (PTA) as needed. As part of the SA process, the Contractor may be required to support the Government in the completion of the PTA. The requirement to complete a PTA is triggered by the creation, use, modification, upgrade, or disposition of a Contractor IT system that will store, maintain and use PII, and must be renewed at least every three (3) years. Upon review of the PTA, the DHS Privacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modifications thereto, are required. The Contractor shall provide all support necessary to assist the Department in completing the PIA in a timely manner and shall ensure that project management plans and schedules include time for the completion of the PTA, PIA, and SORN (to the extent required) as milestones. Support in this context includes responding timely to requests for information from the Government about the use, access, storage, and maintenance of PII on the Contractor’s system, and providing timely review of relevant compliance documents for factual accuracy. Information on the DHS privacy compliance process, including PTAs, PIAs, and SORNs, is accessible at http://www.dhs.gov/privacy-compliance.

(2) Renewal of ATO. Unless otherwise specified in the ATO letter, the ATO shall be renewed every three (3) years. The Contractor is required to update its SA package as part of the ATO renewal process. The Contractor shall update its SA package by one of the following methods:

(1) Updating the SA documentation in the DHS automated information assurance tool for acceptance by the Headquarters or Component CIO, or designee, at least 90 days before the ATO expiration date for review and verification of security controls; or (2) Submitting an updated SA package directly to the COR for approval by the Headquarters or Component CIO, or designee, at least 90 days before the ATO expiration date for review and verification of security controls. The 90-day review process is independent of the system production date and therefore it is important that the Contractor build the review into project schedules. The reviews may include onsite visits that involve physical or logical inspection of the Contractor environment to ensure controls are in place.

(3) Security Review. The Government may elect to conduct random periodic reviews to ensure that the security requirements contained in this contract are being implemented and enforced. The Contractor shall afford DHS, the Office of the Inspector General, and other Government organizations access to the Contractor’s facilities, installations, operations, documentation, databases and personnel used in the performance of this contract. The Contractor shall, through the Contracting Officer and COR, contact the Headquarters or Component CIO, or designee, to coordinate and participate in review and inspection activity by Government organizations external to the DHS. Access shall be provided, to the extent necessary as determined by the Government, for the Government to carry out a program of inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of Government data or the function of computer systems used in performance of this contract and to preserve evidence of computer crime.

(4) Continuous Monitoring. All Contractor-operated systems that input, store, process, output, and/or transmit sensitive information shall meet or exceed the continuous monitoring requirements identified in the Fiscal Year 2014 DHS Information Security Performance Plan, or successor publication. The plan is updated on an annual basis. The Contractor shall also store monthly continuous monitoring data at its location for a period not less than one year from the date the data is created. The data shall be encrypted in accordance with FIPS 140-2 Security Requirements for Cryptographic Modules and shall not be stored on systems that are shared with other commercial or Government entities. The Government may elect to perform continuous monitoring and IT security scanning of Contractor systems from Government tools and infrastructure.

(5) Revocation of ATO. In the event of a sensitive information incident, the Government may suspend or revoke an existing ATO (either in part or in whole). If an ATO is suspended or revoked in accordance with this provision, the Contracting Officer may direct the Contractor to take additional security measures to secure sensitive information. These measures may include restricting access to sensitive information on the Contractor IT system under this contract. Restricting access may include disconnecting the system processing, storing, or transmitting the sensitive information from the Internet or other networks or applying additional security controls.

(6) Federal Reporting Requirements. Contractors operating information systems on behalf of the Government or operating systems containing sensitive information shall comply with Federal reporting requirements. Annual and quarterly data collection will be coordinated by the Government. Contractors shall provide the COR with requested information within three (3) business days of receipt of the request. Reporting requirements are determined by the Government and are defined in the Fiscal Year 2014 DHS Information Security Performance Plan, or successor publication. The Contractor shall provide the Government with all information to fully satisfy Federal reporting requirements for Contractor systems.

(f) Sensitive Information Incident Reporting Requirements.

(1) All known or suspected sensitive information incidents shall be reported to the Headquarters or Component Security Operations Center (SOC) within one hour of discovery in accordance with 4300A Sensitive Systems Handbook Incident Response and Reporting requirements. When notifying the Headquarters or Component SOC, the Contractor shall also notify the Contracting Officer, COR, Headquarters or Component Privacy Officer, and US-CERT using the contact information identified in the contract. If the incident is reported by phone or the Contracting Officer’s email address is not immediately available, the Contractor shall contact the Contracting Officer immediately after reporting the incident to the Headquarters or Component SOC. The Contractor shall not include any sensitive information in the subject or body of any e-mail. To transmit sensitive information, the Contractor shall use FIPS 140-2 Security Requirements for Cryptographic Modules compliant encryption methods to protect sensitive information in attachments to email. Passwords shall not be communicated in the same email as the attachment. A sensitive information incident shall not, by itself, be interpreted as evidence that the Contractor has failed to provide adequate information security safeguards for sensitive information or has otherwise failed to meet the requirements of the contract.

(2) If a sensitive information incident involves PII or SPII, in addition to the reporting requirements in 4300A Sensitive Systems Handbook Incident Response and Reporting, Contractors shall also provide as many of the following data elements that are available at the time the incident is reported, with any remaining data elements provided within 24 hours of submission of the initial incident report:

(i) Data Universal Numbering System (DUNS);

(ii) Contract numbers affected unless all contracts by the company are affected;

(iii) Facility CAGE code if the location of the event is different than the prime contractor location;

(iv) Point of contact (POC) if different than the POC recorded in the System for Award Management (address, position, telephone, email);

(v) Contracting Officer POC (address, telephone, email);

(vi) Contract clearance level;

(vii) Name of subcontractor and CAGE code if this was an incident on a subcontractor network;

(viii) Government programs, platforms or systems involved;

(ix) Location(s) of incident;

(x) Date and time the incident was discovered;

(xi) Server names where sensitive information resided at the time of the incident, both at the Contractor and subcontractor level;

(xii) Description of the Government PII and/or SPII contained within the system;

(xiii) Number of people potentially affected, and the estimate or actual number of records exposed and/or contained within the system; and

(xiv) Any additional information relevant to the incident.

(g) Sensitive Information Incident Response Requirements.

(1) All determinations related to sensitive information incidents, including response activities, notifications to affected individuals and/or Federal agencies, and related services (e.g., credit monitoring) will be made in writing by the Contracting Officer in consultation with the Headquarters or Component CIO and Headquarters or Component Privacy Officer.

(2) The Contractor shall provide full access and cooperation for all activities determined by the Government to be required to ensure an effective incident response, including providing all requested images, log files, and event information to facilitate rapid resolution of sensitive information incidents.

(3) Incident response activities determined to be required by the Government may include, but are not limited to, the following:

(i) Inspections,

(ii) Investigations,

(iii) Forensic reviews, and

(iv) Data analyses and processing.

(4) The Government, at its sole discretion, may obtain the assistance from other Federal agencies and/or third-party firms to aid in incident response activities.

(h) Additional PII and/or SPII Notification Requirements.

(1) The Contractor shall have in place procedures and the capability to notify any individual whose PII resided in the Contractor IT system at the time of the sensitive information incident not later than 5 business days after being directed to notify individuals, unless otherwise approved by the Contracting Officer. The method and content of any notification by the Contractor shall be coordinated with, and subject to prior written approval by the Contracting Officer, in consultation with the Headquarters or Component Privacy Officer, utilizing the DHS Privacy Incident Handling Guidance. The Contractor shall not proceed with notification unless the Contracting Officer, in consultation with the Headquarters or Component Privacy Officer, has determined in writing that notification is appropriate.

(2) Subject to Government analysis of the incident and the terms of its instructions to the Contractor regarding any resulting notification, the notification method may consist of letters to affected individuals sent by first class mail, electronic means, or general public notice, as approved by the Government. Notification may require the Contractor’s use of address verification and/or address location services. At a minimum, the notification shall include:

(i) A brief description of the incident;

(ii) A description of the types of PII and SPII involved;

(iii) A statement as to whether the PII or SPII was encrypted or protected by other means;

(iv) Steps individuals may take to protect themselves;

(v) What the Contractor and/or the Government are doing to investigate the incident, to mitigate the incident, and to protect against any future incidents; and

(vi) Information identifying who individuals may contact for additional information.

(i) Credit Monitoring Requirements. If a sensitive information incident involves PII or SPII, the Contractor may be required to, as directed by the Contracting Officer:

(1) Provide notification to affected individuals as described above; and/or

(2) Provide credit monitoring services to individuals whose data was under the control of the Contractor or resided in the Contractor IT system at the time of the sensitive information incident for a period beginning the date of the incident and extending not less than 18 months from the date the individual is notified. Credit monitoring services shall be provided from a company with which the Contractor has no affiliation. At a minimum, credit monitoring services shall include:

(i) Triple credit bureau monitoring;

(ii) Daily customer service;

(iii) Alerts provided to the individual for changes and fraud; and

(iv) Assistance to the individual with enrollment in the services and the use of fraud alerts; and/or

(3) Establish a dedicated call center. Call center services shall include:

(i) A dedicated telephone number to contact customer service within a fixed period;

(ii) Information necessary for registrants/enrollees to access credit reports and credit scores;

(iii) Weekly reports on call center volume, issue escalation (i.e., those calls that cannot be handled by call center staff and must be resolved by call center management or DHS, as appropriate), and other key metrics;

(iv) Escalation of calls that cannot be handled by call center staff to call center management or DHS, as appropriate;

(v) Customized FAQs, approved in writing by the Contracting Officer in coordination with the Headquarters or Component Chief Privacy Officer; and

(vi) Information for registrants to contact customer service representatives and fraud resolution representatives for credit monitoring assistance.

(j) Certification of Sanitization of Government and Government-Activity-Related Files and Information. As part of contract closeout, the Contractor shall submit the certification to the COR and the Contracting Officer following the template provided in NIST Special Publication 800-88 Guidelines for Media Sanitization.

Security Training

SECURITY: All personnel require access to information up to the sensitive but unclassified, for official use only (FOUO) levels. Contractor must ensure contractor employees receive a favorably adjudicated public trust suitability prior to entry on duty (EOD). All individuals will be U.S. citizens. The contractor shall follow the standards established within DHS and FEMA policy.

Certificate of training is required for all cleared contractor employees who are working with classified or unclassified information. All certificates must be sent to the assigned FEMA Contracting Officer Representative (COR), before the contractor or subcontractor is granted access to classified or unclassified information but no later than 30 calendar days after awarded contract. Send certificates of completion for Unauthorized Disclosure, OPSEC, and Insider Threat to the FEMA COR no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

Unauthorized Disclosure of Classified or Unclassified Information Contractors and subcontractors who are working on this contract shall receive Unauthorized Disclosure of Classified or Unclassified Information training.

Access to the training can be obtained at:

https://securityawareness.usalearning.gov/disclosure/index.html

OPSEC Training Contractors and subcontractors who are working on this contract shall receive the OPSEC Awareness Brief.

Access to the briefing can be obtained at https://securityawareness.usalearning.gov/opsec/

Insider Threat Training Insider Threat training for contractors can be found at:

https://securityawareness.usalearning.gov/itawareness/index.htm#

For Official Use Only (FOUO) Information In accordance with DHS Management Directive 11042.1 contractors, consultants and others to whom access is granted will abide by 11042.1; DHS policy regarding the identification and safeguarding of sensitive but unclassified information originated within DHS. It also applies to other sensitive but unclassified information received by DHS from other government and non-governmental activities.

The contractor shall:

1. Be aware of and comply with the safeguarding requirements for “For Official Use Only” (FOUO) information as outlined in this directive.

1. Participate in formal classroom or computer-based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information.

1. Be aware that divulging information without proper authority could result in administrative or disciplinary action.

Contractors and consultants shall execute a DHS Form 11000-6, Sensitive but Unclassified Information Non Disclosure Agreement (NDA), as a condition of access to such information. Other individuals not assigned to or contractually obligated to DHS, but to whom access to information will be granted, may be requested to execute an NDA as determined by the applicable program manager. Execution of the NDA shall be effective upon date of the DHS Policy and not applied retroactively.