FINAL RFQ 75D301-24-Q-78154.pdf

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ X IS IS NOT A SMALL BUSINESS SET-ASIDE.

PAGE OF PAGES

1 53

1. REQUEST NO.

75D301-24-Q-78154

2. DATE ISSUED

08/02/2024

3. REQUISITION/PURCHASE REQUEST NO.

000HCNBB-2024-84118

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY Centers for Disease Control and Prevention Chamblee Campus Building 102, MS S102-4 4770 Buford Hwy Atlanta GA 303413717

6. DELIVERY BY (Date)

5b. FOR INFORMATION CALL (No collect calls)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

Ashia Everett (404) 498-5229 x

8. TO: 9. DESTINATION

a. NAME b. COMPANY a. NAME OF CONSIGNEE

c. STREET ADDRESS b. STREET ADDRESS

c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This RFQ is to establish a Blanket Purchase Agreement (BPA) for Liquid Argon and Dry Ice.

Period of Performance: August 31, 2024 – August 30, 2025. There are four, 12 month option periods.

Questions must be received NLT Noon EST August 8, 2024.

Quotes must be received NLT Noon EST August 16, 2024.

Questions and Quotes must be submitted to Ashia Everett at oiv4@cdc.gov

12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

Previous edition not usable Prescribed by GSA FAR (48 CFR) 53.215-1(a)

7. DELIVERY

FOB

DESTINATION

OTHER

(See Schedule) mailto:oiv4@cdc.gov

Subject: Liquid Argon and Dry ICE Blanket Purchase Agreement

Solicitation Number: 75D301-24-Q-78154

ISSUANCE DATE: August 02, 2024

QUESTIONS DUE DATE/TIME: NLT Noon EST August 8, 2024

Response DUE Date/time: NLT Noon EST August 16, 2024

Section A – Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number for this requirement is 75D301-24-Q-78154 and is hereby issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-05 dated May 22, 2024.

The associated North American Industrial Classification System (NAICS) code for this procurement is 325120 – Industrial Gas Manufacturing with a Standard Size of 1,000 employees.

This is an RFQ to establish a Blanket Purchase Agreement for liquid argon and dry ice. The Government intends to award a single hybrid of Firm-Fixed Price and Firm-Fixed-Price with Economic Price Adjustment agreement as a result of this solicitation that will include the terms and conditions that are set forth herein.

The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition along with the addenda to the provision included in the solicitation document. FAR 52.212-2, Evaluation-Commercial Items, is not included.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer or indicate if it is available online at SAM.gov. FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition; there are no addenda to the clause. FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and the additional FAR clauses cited in the clause that are applicable have been noted.

There are no additional contract requirement(s) or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. No telephonic quotes will be processed. All responses must be received no later than the date stated above.

Contact Ashia Everett, Contracting Officer, at oiv4@cdc.gov for any questions regarding this solicitation.

Questions must be submitted in writing; no telephonic questions permitted.

https://www.acquisition.gov/far/52.212-1#FAR_52_212_1 https://www.acquisition.gov/far/52.212-2#FAR_52_212_2 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-4#FAR_52_212_4 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 mailto:oiv4@cdc.gov

Line Items Base Year Items:

ITEM SUPPLIES / SERVICES QTY / UNIT UNIT PRICE EXTENDED PRICE

0001 Liquid Argon Delivery

Period of Performance: August 31, 2024 to August 30, 2025

This is a Firm Fixed Price with Economic Price Adjustment Line Item

31,500 gallons $__________ $__________

0002 Dry Ice Pellets Delivery

Period of Performance: August 31, 2024

This is a Firm Fixed Price Line Item

62,400 pounds $__________ $__________

0003 Inspection of Argon Tanks

Period of Performance: August 31, 2024

1 Job $__________ $__________

Option Year 1 Items:

1001 Liquid Argon Delivery

Period of Performance: August 31, 2025 to August 30, 2026

1002 Dry Ice Pellets Delivery

Period of Performance: August 31, 2025

1003 Inspection of Argon Tanks

Period of Performance: August 31, 2025

Option Year 2 Items:

2001 Liquid Argon Delivery

Period of Performance: August 31, 2026 to August 30, 2027

2002 Dry Ice Pellets Delivery

Period of Performance: August 31, 2026

2003 Inspection of Argon Tanks

Period of Performance: August 31, 2026

Option Year 3 Items:

3001 Liquid Argon Delivery

Period of Performance: August 31, 2027 to August 30, 2028

3002 Dry Ice Pellets Delivery

Period of Performance: August 31, 2027

3003 Inspection of Argon Tanks

Period of Performance: August 31, 2027

Option Year 4 Items:

4001 Liquid Argon Delivery

Period of Performance: August 31, 2028 to August 30, 2029

4002 Dry Ice Pellets Delivery

Period of Performance: August 31, 2028

4003 Inspection of Argon Tanks

Period of Performance: August 31, 2028

Description of Blanket Purchase Agreement

(a) The Government intends to award a single Blanket Purchase Agreement (BPA) for Liquid Argon and Dry Ice Delivery.

(b) This BPA is effective for 12 months. There are four, 12 month option periods. The total duration of this BPA, including the exercise of any options, shall not exceed 60 months.

(c) This document does not obligate any funds. The Government is obligated only to the extent of authorized purchases actually made under the BPA. The dollar limitation of each individual purchase under this BPA is determined by the total obligated amount.

(d) A list of individuals authorized to purchase under the BPA, identified either by title of position or by name of individual, and the dollar limitation per purchase for each position title or individual, shall be furnished to the supplier by the contracting officer. Purchase card orders are authorized at the discretion of the Government.

(e) All task orders shall be awarded as a hybrid of Firm-Fixed Price and Firm-Fixed-Price with

Economic Price Adjustment based on the Contract Line Item Number (CLIN) requirements.

The CLIN quantity and extended price will reflect a ceiling, Not-to-Exceed, total task order amount. Pricing under this BPA for CLINs 0001, 1001, 2001, 3001, and 4001 will be adjusted by a contract modification in accordance with FAR 52.216-2 Economic Price Adjustment - Standard Supplies.

(f) All deliveries under the agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

(i) Name of supplier.

(ii) BPA number and task order number.

(iii) Date of purchase.

(iv) Purchase number.

(v) Itemized list of supplies or services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts

(unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment.

(g) By signing this BPA, the offeror guarantees to provide an uninterrupted source of the originally awarded supplies/services(s) from which to satisfy the Government's requirement for the performance period of the awarded BPA.

(h) The Contractor shall comply with all terms and conditions of the BPA and orders issued against the BPA. The terms and conditions in the BPA applies to all orders placed pursuant to it. In the event of an inconsistency between the provisions of the BPA and Task Orders, the provisions of the BPA will take precedence.

(i) Ordering Methods:

Method 1: Request for Quote Delivery orders will be placed directly with the Contractor by CDC Contracting Officers as a result of a Request for Quote (RFQ) for specific supplies.

Method 2: General Delivery Order (with Not-to-Exceed Amount) Supplies may be ordered by the issuance of general delivey order with a not-to-exceed total obligation of funds amount. The program office will be authorized to specify the need and adjust during the ordering period up to the not-to-exceed amount.

Statement of Work / Performance Work Statement Title: Delivery of Liquid Argon and Dry Ice to CDC Chamblee Campus for the Division of

Laboratory Sciences (DLS)

SECTION 1 – BACKGROUND

Many laboratory instruments critical to DLS’s mission require argon gas for operation. DLS buildings 103 and 110 have bulk storage tanks and vaporization arrays at their loading docks where the argon is stored as a liquid before use. DLS also requires an ongoing supply of dry ice to use in some lab processes and to preserve samples being shipped or moved. CDC is Congressionally mandated to respond to public health emergencies involving exposure of the public to environmental chemicals, making it critical to have an uninterrupted supply of these services.

SECTION 2 – PURPOSE/OBJECTIVE

The purpose of this BPA is to ensure DLS laboratories have an uninterrupted adequate supply of liquid argon and dry ice.

SECTION 3 – SCOPE OF WORK

The Contractor shall use qualified personnel and equipment to ensure DLS has an uninterrupted supply of liquid argon and dry ice. The Contractor shall remotely monitor the level of liquid argon in the bulk tanks, schedule deliveries in sufficient time to refill the tanks before the levels in the tanks reach the minimum fill levels and notify the Contracting Officer Representative (COR) when deliveries are scheduled, as described in Section 4. The Contractor shall perform an annual inspection of the bulk argon tanks and vaporizers as described in Section 4 and provide a report to the COR about recommended preventative maintenance. The Contractor shall deliver fresh dry ice on a regular day each week and remove residual dry ice from the previous delivery as described in Section 4. The Contractor shall provide expertise in the supply and management of liquid argon and dry ice, and the operation of argon bulk tanks and vaporizers, and is encouraged to recommend methods that would result in efficiencies or cost savings.

SECTION 4 – TASKS TO BE PERFORMED

Task 1: Manage and Supply Liquid Argon

1. The contractor shall deliver argon to the bulk tanks as needed to maintain the bulk tank levels above the minimums described in Table 1 (see below). The contractor shall provide liquid argon that meets or exceeds the purity specifications described in Table 2 (see below). Typical tank use per day is described in Table 1 and historical deliveries are described in Table 3 (see below)

a. The Contractor shall provide and install a telemetry system that continuously monitors the level of argon in the bulk tanks described in Table 1. The Contractor shall monitor the telemetry system and schedule deliveries in sufficient time to ensure argon deliveries are completed before the tanks at Chamblee laboratory buildings 103 and 110 fall below the minimum fill levels described in Table 1, unless by agreement with the CDC COR. The Contractor shall provide the CDC COR access to the real-time telemetry system readings so the COR can independently monitor the tank levels remotely.

b. The Contractor shall notify the COR about scheduled deliveries at least 4 days prior to delivery along with the names and citizenship status of all delivery drivers (drivers must be U.S. Citizens) to ensure that deliveries are able to enter the secure CDC

Chamblee Campus facility.

c. The Contractor shall ensure that argon deliveries are made to the Chamblee campus only between the hours of 7:00 am and 6:30 pm EST, Monday-Friday, and not on federal holidays.

d. The Contractor shall provide a delivery ticket documenting the gallons of liquid argon added to each tank and a certificate of analysis describing the argon delivered. The Contractor shall ensure that argon purity levels are within the specifications described in Table 2.

Table 1. Liquid argon bulk tank fill specifications.

Building Type Tank SN Capacity (gallon)

Minimum fill level

Typical tank use per day

103 Bulk VT3000E3245 1,500 40% ~1% 103 Bulk VT3000E3247 1,500 40% ~1% 110 Bulk 115073668 NB #

64738 3,000 40% ~1%

110 Bulk 31315 3,000 40% ~1%

Table 2. Liquid Argon Purity Specifications.

Liquid Argon Component Purity Specification Argon ≥ 99.996%

Oxygen < 2 ppm Nitrogen < 10 ppm

Carbon monoxide < 0.5 ppm Carbon dioxide < 0.5 ppm

Methane < 0.5 ppm Water < 4 ppm

Table 3. Liquid argon delivery history at Chamblee campus

Quantity Argon Delivered (gallon) Month 2020 2021 2022 2023 January 1,376 3,682 2,300 1,037

February 5,275 - - - March - 3,758 6,014 6,123 April 1,954 - - - May 3,179 3,845 - 3,655 June - - 6,273 - July 2,603 3,545 770 -

August 1,250 - 850 2,882 September 3,844 2,600 3,869 3,495

October - - 1,390 - November - 800 1,594 2,000

December 1,629 2,821 3,817 - Total 21,110 21,051 26,877 19,192

Task 2: Manage and Supply Dry Ice

1. The Contractor shall deliver bins of fresh dry ice on a regular day each week to the locations described in Table 4 (see below) and remove residual dry ice from the previous delivery.

a. The drivers must deliver the bins to designated locations on the loading docks that will avoid blocking the movement of normal activity at the loading docks.

b. The Contractor shall ensure that dry ice deliveries are made to the Chamblee campus only between the hours of 7:00 am and 6:30 pm EST, Monday-Friday, and not on federal holidays.

c. At the weekly deliveries, the Contractor shall deliver the ‘typical weekly usage’ quantities described in Table 4, unless otherwise communicated by the COR.

Deliveries in 2023 totaled 58,250 lbs., ranging from 500 – 2000 lbs. per week.

d. The Contractor shall provide the COR the names and citizenship status of all delivery drivers (drivers must be U.S. Citizens) at least 4 days prior to delivery to ensure that deliveries are able to enter the secure CDC Chamblee Campus facility. The Contractor’s regular dry ice drivers shall at the request of the COR submit required information to the CDC security office to obtain and maintain a CDC badge that will permit the drivers to deliver the dry ice to the loading docks without a CDC escort.

e. The Contractor shall track dry ice consumption and develop a system to optimize deliveries to ensure there is never a shortage of dry ice, and that dry ice is not being wasted.

Table 4. Dry ice specifications

Typical weekly quantity Typical distribution of bins 1000 lbs. high-density pellets

(two 500 lb. bins) One 500 lb bin to the building 109 loading dock One 500 lb bin to the building 110 loading dock

Task 3: Inspect argon tanks and advise on use

1. The Contractor shall perform an annual inspection of all liquid argon tanks (see Table 1) and vaporizer arrays and deliver a report of findings to the COR. The report shall summarize equipment condition, recommended preventative maintenance or repairs, and recommendations that will ensure optimal performance of the equipment.

2. The contractor shall provide expertise in the supply and management of liquid argon and is encouraged to recommend methods that would result in efficiencies or cost savings. The Contractor shall provide the COR the phone number of an emergency point of contact, who can give qualified technical advice in the event of a malfunction of the argon tanks and vaporizers.

Upon contact, the Contractor shall provide technical advice about the situation regarding appropriate action necessary to ensure that the CDC facilities and equipment are not compromised, argon is not unnecessarily expended, and CDC has a usable supply of argon.

SECTION 5 – GOVERNMENT FURNISHED PROPERTY

No property will be provided by the Government to the Contractor.

SECTION 6 – PLACE OF PERFORMANCE AND CONTRACT SUPPORT HOURS

SUBSECTION A – PLACE OF PERFORMANCE

All contract delivery shall be onsite at the Chamblee campus of the Centers for Disease Control and Prevention, 4770 Buford Highway, Atlanta, Georgia 30341. Argon tanks and vaporizers are located at the loading dock areas behind the buildings described in Table 1 of Section 4. Dry ice will be delivered to the loading dock areas behind the buildings described in Table 4 of Section 4.

SUBSECTION B – CONTRACT SUPPORT HOURS

The Contractor shall ensure that, unless at the direction of the COR or the Contract Officer, all deliveries and inspections occur between the hours of 7:00 am and 6:30 pm EST, Monday-Friday, and not on federal holidays.

SECTION 7 – TRAVEL

The Contractor shall be responsible for all travel-related expenses related to the tasks described in Section 4.

SECTION 8 – DELIVERABLES/REPORTING SCHEDULE

Task Deliverable Quantity/Format Due Date Deliver To Deliver Liquid Argon liquid argon, delivery ticket, and certificate of analysis

Liquid argon: gallons as needed to maintain minimum fill levels per Table 1

1 delivery ticket per tank (listing number of gallons delivered and tank ID)

1 certificate of analysis per delivery (addressing the components described in Table 2)

As required by minimum levels and telemetry reports

Argon delivered to tanks described in Table 1. Delivery ticket and certificate of analysis delivered to the COR.

Deliver Dry Ice dry ice and delivery ticket

Dry ice: pounds described in Table 4, or as communicated by the COR

1 delivery ticket per delivery (documents total bins delivered)

Weekly on regular day established with the COR

Dry ice delivered to the locations described in Table

4. Delivery ticket delivered to the

COR.

Task Deliverable Quantity/Format Due Date Deliver To Inspect argon tanks

Report summarizing all tanks (Table 1) and associated vaporizers

1 per inspection By 15th day of the 9th month of

POP

COR

SUBSECTION A – PERFORMANCE MATRIX

PERFORMANCE

OBJECTIVE

STANDARD PERFORMANCE

THRESHOLD

ACCEPTABLE

QUALITY LEVELS

(AQLs)

METHOD OF

SURVEILLANCE

PRS#1 - PWS 4.1

and CLIN 0001

The contractor shall deliver argon to the bulk tanks as needed to maintain the bulk tank levels above the minimums described in Table 1.

95% Compliance; no more than 1 discrepancy found per year

Periodic Inspection

PRS#1 - PWS 4.2

and CLIN 0002

The Contractor shall deliver bins of fresh dry ice in on a regular day each week to the locations described in Table 4 and remove residual dry ice from the previous delivery.

95% Compliance; no more than 1 discrepancy found per year

Customer Feedback

PRS#1 - PWS 4.3

and CLIN 0003

The Contractor shall perform an annual inspection of all liquid argon tanks and associated vaporizer arrays (see Table

1) and deliver a report of findings to the COR as described in Section 8

100% compliance 100% Inspection

SECTION 9 – REFERENCE MATERIALS

Not applicable

SECTION 10 – MINIMUM VENDOR QUALIFICATIONS

Contractor must provide documentation demonstrating a commercial record or confirming that they are capable of consistently providing both the quantity and purity of argon and dry ice required. Contractor must have drivers that are U.S. Citizens.

Contractor must provide documentation showing capability to provide service and repair to buildings 110 and 103 argon systems.

SECTION 11 – ADDITIONAL REQUIREMENTS

Information Security and Privacy

1. Baseline Security Requirements:

a. Applicability. The requirements herein apply whether the entire contract or modification (hereafter "contract"), or portion thereof, includes either or both of the following:

i. Access (Physical or Logical) to Government Information: A Contractor (and/or any subcontractor) will have or will be given the ability to have, routine physical (entry) or logical (electronic) access to government information.

ii. 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 CDC 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.

b. Safeguarding Information and Information Systems. All government information and information systems must be protected in accordance with HHS/CDC policies and level of risk. At a minimum, the Contractor (and/or any subcontractor) must:

i. Protect the:

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.

ii. Categorize all information owned and/or collected/managed on behalf of CDC/[CDC Component] and information systems that store, process, and/or transmit CDC information in accordance with FIPS 199 and National Institute of 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. Based on information provided by the System Security and Privacy Officer (previously referred to as ISSO), CISO, CDC CPO, or other representative, the impact level for each Security Objective (Confidentiality, Integrity, and Availability) and the Overall Impact Level, which is the highest watermark of the three factors of the information or information system are the following:

Confidentiality: [x] Low [ ] Moderate [ ] High

Integrity: [x] Low [ ] Moderate [ ] High

Availability: [x] Low [ ] Moderate [ ] High

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

iii. Based on the agreed-upon level of impact, implement the necessary safeguards to protect all information systems and information collected and/or managed on behalf of CDC/[CDC Component] regardless of location or purpose.

iv. Report any discovered or unanticipated threats or hazards by either the agency or contractor, or if existing safeguards have ceased to function immediately after discovery, within one (1) hour or less, to the government representative(s).

v. Adopt and implement all applicable policies, procedures, controls, and standards required by the CDC/[CDC Component] 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 all applicable security and privacy policies by contacting the CO/COR or CDC/[CDC Component] security and/or privacy officials.

c. Privacy Act. Comply with the Privacy Act requirements (when applicable), and tailor FAR and HHSAR clauses as needed.

d. Privacy Compliance. Comply with the E-Government Act of 2002, 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 http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf

NIST SP 800-53, and applicable CDC Component privacy policies and complete all the requirements below:

i. Per the Office of Management and Budget (OMB) Circular A- 130, Personally Identifiable Information (PII), is "information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual." Examples of PII include, but are not limited to the following: Social Security number, date and place of birth, mother's maiden name, biometric records, etc.

ii. To ensure that the public's personal information is protected in a manner commensurate with the privacy risks, CDC uses a privacy analysis process to assess the risks associated with CDC's collection and maintenance of PII and to ensure information is handled in accordance with applicable legal, regulatory, and policy requirements. PTAs analyze how information is handled in IT systems and electronic information collections and determines if the IT system or electronic information collection collects, disseminates, maintains, or disposes of PII. PIAs are used to assess the privacy risks of IT systems and electronic information collections that collect, disseminate, maintain, or dispose of PII about members of the public. PIAs also provide transparency into how CDC collects, disseminates, maintains, or disposes of the public's PII.

iii. The Contractor must support the agency with conducting a Privacy Threshold Analysis (PTA) for the information system and/or information handled under this contract to determine whether PII is collected, disseminated, maintained, or disposed as part of the contract. The PTA will determine if a full Privacy Impact Assessment (PIA) needs to be completed.

If the results of the PTA show that a full PIA is needed, the Contractor must support the agency with completing a PIA for the system or information within [CDC to insert contract-specific timeline] after completion of the PTA and in accordance with CDC policy and OMB M- 03-22, Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002.

The Contractor must support the agency in reviewing the PIA at least every three years throughout the system development lifecycle (SDLC)/information lifecycle, or when determined by the agency that a review is required based on a major change to the system, or when new types of PII are collected that introduces new or increased privacy risks, whichever comes first.

e. Controlled Unclassified Information (CUI). Executive Order 13556 defines CUI as "information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information." The Contractor (and/or any subcontractor) must comply with Executive Order 13556, Controlled Unclassified Information, (implemented at 3 CFR, part 2002) when handling CUI. 32 C.F.R. 2002.4(aa) As implemented the term "handling" refers to "…any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information."

81 Fed. Reg. 63323. The requirements below apply only to nonfederal systems that process, store, or transmit CUI, or that provide security protection for such components. All sensitive information that has been identified as CUI by a regulation or statute, handled by this solicitation/contract, must be:

i. Marked appropriately;

ii. Disclosed to authorized personnel on a Need-To-Know basis;

iii. Protected in accordance with NIST SP 800-53, Security and Privacy Controls for Information Systems and Organizations applicable baseline if handled by a Contractor system operated on behalf of the agency, or NIST SP 800-171, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations if handled by internal Contractor system; and,

iv. Returned to HHS/CDC control, destroyed when no longer needed, or held until otherwise directed. Information and/or data must be disposed of in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

f. 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) must protect all government information that is or may be sensitive by securing it with a solution that is validated with current FIPS 140 validation certificate from the NIST CMVP.

g. Confidentiality and Nondisclosure of Information. Any information provided to the Contractor (and/or any subcontractor) by CDC or collected by the Contractor on behalf of CDC must be used only for the purpose of carrying out the provisions of this contract and must not be disclosed or made known in any manner to any persons except as may be necessary in the performance of the contract. The Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its employees and subcontractors must be under the supervision of the Contractor. Each Contractor employee or any of its subcontractors to whom any CDC records may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such employee or subcontractor can be used only for that purpose and to the extent authorized herein.

The confidentiality, integrity, and availability of such information must be protected in accordance with HHS/CDC policies. Unauthorized disclosure of information will be subject to the HHS/CDC sanction policies and/or governed by the following laws and regulations:

i. 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records);

ii. 18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information); and

iii. 44 U.S.C. Chapter 35, Subchapter I (Paperwork Reduction Act).

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

i. Information and Communications Technology (ICT). ICT products and services from prohibited entities/sources must not be used/acquired in compliance with Public Law 115- 232, Section 889 Parts A and B, FAR 4.21, FAR 52.204.23, FAR 52.204.24, and FAR

52.204.25. The Contractor (and/or any subcontractor) must notify the government if they identify prohibited ICT products and/or services are used during the contract performance.

j. 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 must enable HTTP Strict Transport Security (HSTS) to instruct compliant browsers to always assume HTTPS to reduce the number of insecure redirects and protect against attacks that attempt to downgrade connections to plain HTTP. For internal-facing websites, HTTPS is not required, but it is highly recommended. Consult HHS/CDC Policy for Internet and Email Security for additional information. According to the CDC Web policy, all CDC web content must reside on a CDC.gov domain and must be hosted on CDC or CDC-authorized information systems .

k. Contract Documentation. The Contractor must use provided templates, policies, forms, and other agency documents [CDC Component] specify which documents/forms will be provided to contractor] to comply with contract deliverables as appropriate.

l. Standard for Encryption. The Contractor (and/or any subcontractor) must:

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

ii. 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 encryption solution that is validated with current FIPS 140 validation certificate from the NIST CMVP.

iii. Secure all devices (i.e.: desktops, laptops, mobile devices, etc.)

that store and process government information and ensure devices meet CDC and CDC Component-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 process sensitive government information (including PII).

iv. Verify that the encryption solutions in use have been validated under the Cryptographic Module Validation Program to confirm compliance with current FIPS 140 validation certificate from the NIST CMVP. The Contractor must provide a written copy of the validation documentation to the COR [CDC Component-provided delivery date].

v. Use the Key Management system on the CDC 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 http://csrc.nist.gov/publications/. Encryption keys must be http://csrc.nist.gov/publications/ provided to CSPO.

m. Contractor Non-Disclosure Agreement (NDA). Each Contractor (and/or any subcontractor) employee having access to non-public government information under this contract must complete the CDC non-disclosure agreement. [inserted information/link should be cited here], as applicable. Contractors (and/or subcontractors) must submit a copy of each signed and witnessed NDA to the Contracting Officer (CO) and/or CO Representative (COR) prior to performing any work under this acquisition.

2. Training Requirements:

a. Mandatory Training for All Contractor Staff. All Contractor (and/or any subcontractor) employees assigned to work on this contract must complete the applicable CDC Contractor Information Security Awareness, Privacy, and Records Management training (provided upon contract award) before performing any work under this contract.

Thereafter, the employees must complete [CDC Component-specified] Information Security Awareness, Privacy, and Records Management training at least annually, during the life of this contract. All provided training must be compliant with CDC training policies.

b. Role-based Training. All Contractor (and/or any subcontractor) employees with significant security responsibilities (as determined by the program manager) must complete role- based training annually commensurate with their role and responsibilities in accordance with HHS/CDC policy and the CDC Role-Based Training (RBT) of Personnel with Significant Security Responsibilities.

c. Training Records. The Contractor (and/or any subcontractor) must maintain training records for all its employees working under this contract in accordance with CDC policy. A copy of the training records must be provided to the CO and/or COR within 30 days after contract award and annually thereafter or upon request.

3. Rules of Behavior:

a. The Contractor (and/or any subcontractor) must ensure that all employees performing on the contract comply with the CDC Implementation of the HHS Rules of Behavior for Use of HHS Information Technology Resources, and [insert any CDC Component-specific rules, as applicable].

b. All Contractor employees performing on the contract must read and adhere to the Rules of Behavior before accessing agency data or other information, systems, and/or networks that store/process government information, initially at the beginning of the contract and at least annually thereafter, which may be done as part of annual CDC Information Security Awareness Training. If the training is provided by the Contractor, the signed ROB must be provided as a separate deliverable to the CO and/or COR per defined timelines above.

4. Incident Response:

a. The Contractor (and/or any subcontractor) must respond to all alerts/Indicators of Compromise (IOCs) provided by CDC Computer Security Incident Response Center (CSIRC) IRT teams within 24 hours, whether the response is positive or negative. In accordance with FISMA and OMB M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information (PII)29, an incident is "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" and a privacy breach is "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." For additional information on the CDC breach response process, please see the CDC Standard for Responding to Breaches of Personally Identifiable Information (PII).30"

b. Contracts with entities that collect, maintain, use, or operate Federal information or information systems on behalf of CDC must include in the following requirements:

i. The Contractor shall cooperate with and exchange information with CDC officials, as deemed necessary by the CDC Breach Response Team, to report and manage of a suspected or confirmed breach.

ii. All contractors and subcontractors shall properly encrypt PII in accordance with OMB Circular A-130 and other applicable policies, including CDC-specific policies, and comply with HHS-specific policies for protecting PII. To this end, all contractors and subcontractors shall protect all sensitive information, including any PII created, stored, or transmitted in the performance of this contract, with encryption solution that is validated with the current FIPS 140 validation certificate from the

NIST CMVP.

iii. All contractors and subcontractors shall participate in regular training on how to identify and report a breach

iv. NOT notify affected individuals unless so instructed by the Contracting Officer or designated representative. If instructed by the Contracting Officer or representative, the Contractor must send [CDC Component] approved notifications to affected individuals [insert CDC Component Specific timeline, process, and format].

v. Report all suspected and confirmed information security and privacy incidents and breaches to the CSPO Incident Response Team (IRT) [contact information should be cited here], COR, CO, CDC CPO (or his or her designee), and other stakeholders, including breaches 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 CDC Component and CDC 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, impact classifications/threat vector, and the type of information compromised. In addition, the Contractor must:

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

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

Encrypt sensitive information in attachments to email, media, etc.

vi. Comply with OMB M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information, and CDC Component and CSPO privacy breach response policies when handling PII breaches.

vii. 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 [CDC Component insert timeline if required].

viii. All contractors and subcontractors shall be able to determine what Federal information was or could have been accessed and by whom, construct a timeline of user activity, determine methods and techniques used to access Federal information, and identify the initial attack vector.

ix. Cloud service providers shall use guidance provided in the FedRAMP Incident Communications Procedures when deciding when to report directly to US-CERT first or notify CDC first.

x. Acknowledge that CDC will not interpret report of a breach, by itself, as conclusive evidence that the Contractor or its subcontractor failed to provide adequate safeguards for PII.

5. Position Sensitivity Designations:

All Contractor (and/or any subcontractor) employees must obtain a background investigation commensurate with their position sensitivity designation that complies with Parts 1400 and 731 of Title 5, Code of Federal Regulations (CFR).

The following position sensitivity designation levels apply to this solicitation/contract.

6. Homeland Security Presidential Directive (HSPD)-12:

The Contractor (and/or any subcontractor) and its employees must comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; OMB M-05-24;

OMB M-19-17; FIPS 201, Personal Identity Verification (PIV) of Federal Employees and Contractors; HHS/CDC HSPD-12 policy; and Executive Order 13467, Part 1 §1.2.

7. Roster:

The Contractor (and/or any subcontractor) must submit a roster by name, position, e-mail address, phone number and responsibility, of all staff working under this acquisition where the Contractor will develop, have the ability to access, or host and/or maintain a government information system(s). The roster must be submitted to the COR and/or CO by [CDC Component Specific timeline] of the effective date of this contract. Any revisions to the roster as a result of staffing changes must be submitted immediately upon [CDC Component Specific timeline] change. The COR will notify the Contractor of the appropriate level of investigation required for each staff member.]

If the employee is filling a new position, the Contractor must provide a position description and the Government will determine the appropriate suitability level.

8. Contract Initiation and Expiration:

a. General Security Requirements. The Contractor (and/or any subcontractor) must comply with information security and privacy requirements, Enterprise Performance Life Cycle (EPLC) processes, CDC Enterprise Architecture requirements to ensure information is appropriately protected from initiation to expiration of the contract. All information systems development or enhancement tasks supported by the Contractor must follow the CDC EPLC framework and methodology or [insert CDC Component-specific requirement] and in accordance with the CDC Office of Financial Resources (OFR) Contract Closeout Guide and HHS Closeout Guide: Contracts and Orders.

b. System Documentation. Contractors (and/or any subcontractors) must follow and adhere to CDC System Development Life Cycle requirements, at a minimum, for system development and provide system documentation at designated intervals (specifically, at the expiration of the contract) within the EPLC that require artifact review and approval.

c. Sanitization of Government Files and Information. As part of contract closeout and at expiration of the contract, the Contractor (and/or any subcontractor) must provide all required documentation to the CO and/or COR to certify that, at the government's direction, all electronic and paper records are appropriately disposed of and all devices and media are sanitized in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

d. Notification. The Contractor (and/or any subcontractor) must notify the CO and/or COR and System Security and Privacy Officer (previously referred to as ISSO) within [CDC Component-specific timeline] before an employee stops working under this contract.

e. Contractor Responsibilities upon Physical Completion of the

Contract. The Contractor (and/or any subcontractors) must return all government information and IT resources (i.e., government information in non-government-owned systems, media, and backup systems) acquired during the term of this contract to the CO and/or COR. Additionally, the Contractor must provide a certification that all government information has been properly sanitized and purged from Contractor-owned systems, including backup systems and media used during contract performance, in accordance with HHS and/or CDC policies.

f. The Contractor (and/or any subcontractor) must perform and document the actions identified in the [CDC Component] Contractor Employee Separation Checklist [insert links to CDC Component form] when an employee terminates work under this contract within [insert CDC Component-specific timeline] days of the employee's exit from the contract. All documentation must be available to the CO and/or COR upon request.

9. Records Management and Retention:

a. The Contractor (and/or any subcontractor) must maintain all information in accordance with Executive Order 13556 -- Controlled Unclassified Information, National Archives and Records Administration (NARA) records retention policies and schedules and CDC Policy for Records Management and [CDC Component] policies and must not dispose of any records unless authorized by CDC/ [CDC Component].

b. If a Contractor (and/or any subcontractor) accidentally disposes of or destroys a record without proper authorization, he/she must document and report the incident in accordance with CDC/ [CDC Component] policies.

10. High Value Asset (HVA):

If a system is identified as HVA, the Contractor must comply with the HHS Policy for the High Value Asset (HVA) Program and the Department of Homeland Security (DHS) HVA Control Overlay in addition to the above requirements.

Section 508 Compliance HHSAR 352.239-73 Electronic and Information Technology Accessibility Notice

(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/standards.htm.

(c) The Section 508 accessibility standards applicable to this contract are: 1194.

205 WCAG 2.0 Level A & AA Success Criteria

302 Functional Performance Criteria

402 Closed Functionality

403 Biometrics

404 Preservation of Information Provided for Accessibility

405 Privacy

406 Standard Connections

407 Operable Parts

408 Display Screens

409 Status Indicators

410 Color Coding

411 Audible Signals

502 Inoperability with Assistive Technology

503 Applications

504 Authoring Tools

602 Support Documentation

603 Support Services

In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment

Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and documentation detail - whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS Web site http://hhs.gov/web/508.

In order to facilitate…