RFP_19-000881__CME_Accreditation_Services_Security_Clauses.pdf

Security and Privacy Guide for Information Technology Acquisition v2 Page 1

Security and Privacy Language for

Information and Information

Technology Procurements

Version 2.2

September 7, 2017

A. Baseline Security Requirements

1) Applicability. The requirements herein apply whether the entire contract or order

(hereafter “contract”), or portion thereof, includes either or both of the following:

a. Access (Physical or Logical) to Government Information: A Contractor (and/or any subcontractor) employee will have or will be given the ability to have, routine physical (entry) or logical (electronic) access to government information. Contractor personnel who need to be on-site to perform service and maintenance must be escorted and monitored at all times. A NDA must be signed if services and maintenance requires access PII/PHI or sensitive government information.

b. Operate a Federal System Containing Information: A Contractor (and/or any subcontractor) will operate a federal system and information technology containing data that supports the

HHS mission. In addition to the Federal Acquisition Regulation (FAR) Subpart 2.1 definition of “information technology” (IT), the term as used in this section includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.

2) Safeguarding Information and Information Systems. In accordance with the Federal

Information Processing Standards Publication (FIPS)199, Standards for Security Categorization of Federal Information and Information Systems, the Contractor (and/or any subcontractor) shall:

a. Protect government information and information systems in order to ensure:

Confidentiality, which means preserving authorized restrictions on access and disclosure, based on the security terms found in this contract, including means for protecting personal privacy and proprietary information;

Integrity, which means guarding against improper information modification or destruction, and ensuring information non-repudiation and authenticity; and

Availability, which means ensuring timely and reliable access to and use of information.

b. Provide security for any Contractor systems, and information contained therein, connected to an HHS network or operated by the Contractor on behalf of HHS regardless of location. In addition, if new or unanticipated threats or hazards are discovered by either the agency or contractor, or if existing safeguards have ceased to function, the discoverer shall immediately, within one (1) hour or less, bring the situation to the attention of the other party.

c. Adopt and implement the policies, procedures, controls, and standards required by the HHS

Information Security Program to ensure the confidentiality, integrity, and availability of government information and government information systems for which the Contractor is responsible under this contract or to which the Contractor may otherwise have access under this contract. Obtain the HHS Information Security Program security requirements, outlined in the HHS Information Security and Privacy Policy (IS2P), by contacting the CO/COR or emailing fisma@hhs.gov.

d. Comply with the Privacy Act requirements and tailor FAR clauses as needed.

3) Information Security Categorization. In accordance with FIPS 199 and National Institute of mailto:fisma@hhs.gov

Standards and Technology (NIST) Special Publication (SP) 800-60, Volume II: Appendices to

Guide for Mapping Types of Information and Information Systems to Security Categories, Appendix C, and based on information provided by the ISSO, CISO, or other security representative, the risk level for each Security Objective and the Overall Risk Level, which is the highest watermark of the three factors (Confidentiality, Integrity, and Availability) of the information or information system are the following:

Confidentiality: [ ] Low [ ] Moderate [ ] High

Integrity: [ ] Low [ ] Moderate [ ] High

Availability: [ ] Low [ ] Moderate [ ] High

Overall Risk Level: [x] Low [ ] Moderate [ ] High

Based on information provided by the ISSO, Privacy Office, system/data owner, or other security or privacy representative, it has been determined that this solicitation/contract involves:

[x] No PII [ ] Yes PII

4) Protection of Sensitive Information. For security purposes, information is or may be sensitive because it requires security to protect its confidentiality, integrity, and/or availability.

The Contractor (and/or any subcontractor) shall protect all government information that is or may be sensitive in accordance with OMB Memorandum M-06-16, Protection of Sensitive

Agency Information by securing it with a FIPS 140-2 validated solution.

5) Internet Protocol Version 6 (IPv6). All procurements using Internet Protocol shall comply with OMB Memorandum M-05-22, Transition Planning for Internet Protocol Version 6 (IPv6).

6) Government Websites. All new and existing public-facing government websites must be securely configured with Hypertext Transfer Protocol Secure (HTTPS) using the most recent version of Transport Layer Security (TLS). In addition, HTTPS shall enable HTTP

Strict Transport Security (HSTS) to instruct compliant browsers to assume HTTPS at all times to reduce the number of insecure redirects and protect against attacks that attempt to downgrade connections to plain HTTP. For internal-facing websites, the HTTPS is not required, but it is highly recommended.

7) Contract Documentation. The Contractor shall use provided templates, policies, forms and other agency documents to comply with contract deliverables as appropriate.

8) Standard for Encryption. The Contractor (and/or any subcontractor) shall:

a. Comply with the HHS Standard for Encryption of Computing Devices and Information to prevent unauthorized access to government information.

b. Encrypt all sensitive federal data and information (i.e., PII, protected health information

[PHI], proprietary information, etc.) in transit (i.e., email, network connections, etc.) and at rest (i.e., servers, storage devices, mobile devices, backup media, etc.) with FIPS 140-2

Complete this section using the information obtained from the Security and Privacy Checklist in Appendix

A, parts A and B.

See Appendix D for baseline deliverables.

http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf validated encryption solution.

c. Secure all devices (i.e.: desktops, laptops, mobile devices, etc.) that store and process government information and ensure devices meet HHS and NIH-specific encryption standard requirements. Maintain a complete and current inventory of all laptop computers, desktop computers, and other mobile devices and portable media that store or processsensitive government information (including PII).

d. Verify that the encryption solutions in use have been validated under the Cryptographic

Module Validation Program to confirm compliance with FIPS 140-2. The Contractor shall provide a written copy of the validation documentation to the COR.

e. Use the Key Management system on the HHS personal identification verification (PIV) card or establish and use a key recovery mechanism to ensure the ability for authorized personnel to encrypt/decrypt information and recover encryption keys. Encryption keys shall be provided to the COR upon request and at the conclusion of the contract.

B. Incident Response

The Contractor (and/or any subcontractor) shall respond to all alerts/Indicators of Compromise (IOCs) provided by HHS Computer Security Incident Response Center (CSIRC)/ NIH IRT teams within 24 hours, whether the response is positive or negative.

FISMA defines an incident as “an occurrence that (1) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (2) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies. The HHS Policy for IT Security and Privacy Incident Reporting and Response further defines incidents as events involving cybersecurity and privacy threats, such as viruses, malicious user activity, loss of, unauthorized disclosure or destruction of data, and so on.

A privacy breach is a type of incident and is defined by Federal Information Security Modernization Act

(FISMA) as the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where (1) a person other than an authorized user accesses or potentially accesses personally identifiable information or (2) an authorized user accesses or potentially accesses personally identifiable information for an other than authorized purpose. The HHS Policy for IT Security and

Privacy Incident Reporting and Response further defines a breach as “a suspected or confirmed incident involving PII.”

In the event of a suspected or confirmed incident or breach, the Contractor (and/or any subcontractor) shall:

1) Protect all sensitive information, including any PII created, stored, or transmitted in the performance of this contract so as to avoid a secondary sensitive information incident with FIPS

140-2 validated encryption.

2) NOT notify affected individuals unless so instructed by the Contracting Officer or designated representative. If so instructed by the Contracting Officer or representative, the Contractor shall send NIH approved notifications to affected individuals.

3) Report all suspected and confirmed information security and privacy incidents and breaches to the NIH Incident Response Team (IRT), COR, CO, NIH SOP (or his or her designee), and other http://csrc.nist.gov/publications/fips/fips140-2/fips1402.pdf stakeholders, including incidents involving PII, in any medium or form, including paper, oral, or electronic, as soon as possible and without unreasonable delay, no later than one (1) hour, and consistent with the applicable NIH and HHS policy and procedures, NIST standards and guidelines, as well as US-CERT notification guidelines. The types of information required in an incident report must include at a minimum: company and point of contact information, contract information, impact classifications/threat vector, and the type of information compromised. In addition, the Contractor shall:

a. cooperate and exchange any information, as determined by the Agency, necessary to effectively manage or mitigate a suspected or confirmed breach;

b. not include any sensitive information in the subject or body of any reporting e-mail; and

c. encrypt sensitive information in attachments to email, media, etc.

4) Comply with OMB M-17-12, Preparing for and Responding to a Breach of Personally

Identifiable Information HHS/NIH incident response policies when handling PII breaches.

5) Provide full access and cooperate on all activities as determined by the Government to ensure an effective incident response, including providing all requested images, log files, and event information to facilitate rapid resolution of sensitive information incidents. This may involve disconnecting the system processing, storing, or transmitting the sensitive information from the

Internet or other networks or applying additional security controls. This may also involve physical access to contractor facilities during a breach/incident investigation.

1. Requirements for Procurements Involving Privacy Act Records

3.A. Privacy Act

It has been determined that this contract is subject to the Privacy Act of 1974, because this contract provides for the design, development, or operation of a system of records on individuals.

3.B. Privacy Incident Handling and Notification

The Contractor (and/or any subcontractor) shall obtain notification instructions and approval from the

Contracting Officer prior to notifying individuals whose PII resided in the Contractor (and/or any subcontractor) IT system at the time of the incident. The method and content of any notification by the

Contractor shall be compliant with HHS Privacy Incident Response Team (PIRT) Standard Operating

Procedures (SOP) (http://intranet.hhs.gov/it/cybersecurity/docs/incident_mgmt/PIRTSOP/pirt_sop.pdf ) and

NIH Guidance as well as coordinated and approved by the HHS PIRT in consultation with the Contracting

Officer, the NIH SAOP (or his or her designee), and/or Computer Security Incident Response Team (CSIRT).

Upon receiving notification and approval from the agency Contracting Officer, the Contractor shall send notifications to affected individuals within [NIH Specific timeline].

(Note: The Contractor (and/or any subcontractor) shall not proceed with any notification to individuals unless the Contracting Officer, in consultation with the HHS PIRT and NIH SAOP, has determined in writing that the Contractor notification is appropriate.)

http://intranet.hhs.gov/it/cybersecurity/docs/incident_mgmt/PIRTSOP/pirt_sop.pdf

3.B.1. All determinations related to privacy incidents, including response activities, notifications to affected individuals and/or federal agencies, and related services (e.g., credit monitoring and identity protection) will be made in writing by the Contracting Officer in consultation with the HHS PIRT, NIH CIO, and SAOP (or his or her designee) and in compliance with HHS and/or NIH Guidance.

3.B.2. The Contractor (and/or any subcontractor) 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. Incident response activities determined to be required by the Government may include, but are not limited to, the following:

1. Inspections,

2. Investigations,

3. Forensic reviews, and

4. Data analysis and processing.

3.C. Privacy Act

3.C.1. Privacy Act Notification (FAR Clause 48 CFR § 52.224-1). The Contractor (and/or any subcontractor) shall comply with FAR Clause 48 CFR § 52.224-1 requirements, which can be located at:

https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html

3.C.2. Privacy Act (FAR Clause 48 CFR § 52.224-2). The Contractor (and/or any subcontractor) shall comply with FAR Clause 48 CFR § 52.224-2 requirements, which can be located at:

3.C.3. Privacy Act (HHSAR Clause 48 CFR §352.224-70). The Contractor (and/or any subcontractor) shall comply with HHSAR Clause 48 CFR §352.224-70 requirements, which can be located at:

https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html#352.224-70 https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html#352.224-70 https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html#352.224-70

1. Standards

1.1 Websites and Web Services

1) All publicly accessible federal websites and web services shall employ secure connections, such as Hypertext Transfer Protocol Secure (HTTPS). HTTPS may be employed on Intranets but is not explicitly required.21

1 HHS Cybersecurity Program - Encryption, Guide to Outlook Email Encryption Using an HHS PIV card, http://intranet.hhs.gov/it/cybersecurity/enterprise_security/Encryption/index.html.

2 NIST SP 800-56A Recommendation for Pair-Wise Key Establishment Schemes Using Discrete Logarithm Cryptography;

SP 800-57 Recommendation for Key Management, NIST SP 800-131A Transitions: Recommendations for Transitioning the Use of Cryptographic Algorithms and Key Lengths; and NIST SP 800-175B Guideline for Using Cryptographic

Standards in the Federal Government: Cryptographic Mechanisms; and HHS policy Public Key Infrastructure, http://www.hhs.gov/ocio/securityprivacy/publickey/pki.html.

3 HHS Enterprise Public Key Infrastructure (PKI), http://intranet.hhs.gov/security-pki/index.html#_Enterprise_PKI_Services.

20 OMB Circular A-130, https://www.whitehouse.gov/sites/default/files/omb/assets/OMB/circulars/a130/a130revised.pdf.

21 OMB Memorandum M-15-13 Policy to Require Secure Connections across Federal Websites and Web

Services, https://www.whitehouse.gov/sites/default/files/omb/memoranda/2015/m-15-13.pdf.

http://intranet.hhs.gov/it/cybersecurity/enterprise_security/Encryption/index.html http://www.hhs.gov/ocio/securityprivacy/publickey/pki.html http://intranet.hhs.gov/security-pki/index.html#_Enterprise_PKI_Services http://www.whitehouse.gov/sites/default/files/omb/assets/OMB/circulars/a130/a130revised.pdf http://www.whitehouse.gov/sites/default/files/omb/assets/OMB/circulars/a130/a130revised.pdf http://www.whitehouse.gov/sites/default/files/omb/memoranda/2015/m-15-13.pdf http://www.whitehouse.gov/sites/default/files/omb/memoranda/2015/m-15-13.pdf

2) HTTPS is a combination of HTTP and the network protocol Transport Layer Security (TLS), which establishes an encrypted connection to an authenticated peer over an untrusted network. NIH shall use the most current TLS version. TLS shall be implemented and configured in accordance with the recommendation of NIST SP 800-5222 as amended. NIH shall monitor the HHS OCIO website, intranet and other public resources to keep apprised of current best practices.

3) NIH websites and services shall deploy HTTPS in a manner that allows for rapid updates to certificates, cipher choices protocol versions, and other configuration elements.

4) Websites and services available over HTTPS shall enable HTTP Strict Transport Security (HSTS) to instruct compliant browsers to assume HTTPS going forward. This reduces the number of unsecure redirects and protects users against attacks that attempt to downgrade connections to plain HTTP.

Once HSTS is in place, domains can be submitted to a “preload list” used by all major browsers to ensure the HSTS policy is in effect at all times.

5) Allowing HTTP connections for the sole purpose of redirecting clients to HTTPS connections shall be acceptable and encouraged. HSTS headers must specify a max- age of at least 1 year.23

1.2 HHS Contracts

All HHS contracts shall include encryption language to ensure contractors and third-party service providers, handling, storing and/or processing government sensitive information, protect such information in accordance with the Federal Acquisition Regulation (FAR), the HHS Acquisition Regulation,24 this Standard, and other HHS policies

1.3 Incident Handling

1) All security and privacy incidents shall be immediately reported to the NIH Security Incident

Response Team (CSIRT) and/or NIH Helpdesk. The NIH CSIRT or Help Desk will notify the HHS

Computer Security Incident Response Center (CSIRC) after assessing the situation, responding to any immediate requirements, and collecting essential information about the incident.25 These include, but are not limited to:

Loss or theft of any equipment that contains sensitive information, even if the information and device are encrypted;

Loss of PIV card or compromised key; and, Unencrypted email containing sensitive information is accidently/intentionally transmitted or received.

2) All sensitive incident-related information shall be encrypted at all times.

22 NIST SP 800-52 Guidelines for the Selection, Configuration, and Use of Transport Layer Security (TLS) Implementations, http://csrc.nist.gov/publications/PubsSPs.html.

23 OMB M-15-13.

24HHS Acquisition Policies and Guidance Portal, available at: http://intranet.hhs.gov/abouthhs/contracts-grants- support/acquisition/.

25 HHS Computer Security Incident Response Center (CSIRC), http://intranet.hhs.gov/it/cybersecurity/hhs_csirc/index.html.

http://csrc.nist.gov/publications/PubsSPs.html http://intranet.hhs.gov/abouthhs/contracts-grants-http://intranet.hhs.gov/it/cybersecurity/hhs_csirc/index.html