RFQ_75N98019Q00001_121218_Update.doc

RFQ 75N98019Q00001

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as applicable, and 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. This solicitation is being issued using Simplified Acquisition Procedures under FAR Part 13.

This solicitation is a request for quotes (RFQ) under RFQ Number 75N98019Q00001. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-101, dated October 26, 2018. The associated North American Industry Classification System (NAICS) code for this procurement is 611430-Professional and Management Development Training with a size standard of $11M. This RFQ is full and open to all vendors.

Order Type

It is contemplated that a single fixed price Purchase Order will be awarded on an all or none basis with two one year options.

General Description of Deliverable

The deliverable is an interactive online (e-learning) training module that addresses a variety of topics, including a) workplace harassment (including sexual harassment) b) anti-bullying and c) No Fear, with the specific focus of promoting innovation and problem solving within a health care environment. The training program must contain interactive exercises, realistic situations, and scenarios that focus on the health care environment while addressing Equal Employment Opportunity (EEO) laws under Title 7 and Title 9. In addition, these training modules must be able to address and be understood by a range of employees that work at a medical/scientific research facility including medical and professional staff, research and non-research staff, and students. The technical requirements for the Commercial Off the Shelf (COTS) product is that it be between 30 minutes to 1 hour in length, be section 508 Compliant, is upload able and compatible with the NIH Language Management System (LMS)-(Oracle and SQL platform databases), and be delivered to NIH in a Sharable Content Object Reference Model (SCORM) format, which is a collection of standards and specifications for web-based electronic educational technology (also called e-learning). The SCORM format defines communications between client-side content and a host system (called "the run-time environment"), which is commonly supported by a learning management system.

Statement of Work

1.0 INTRODUCTION

The National Institutes of Health (NIH or the Agency), Prevention of Workplace Harassment Program is committed to educating NIH employees, contractors and Commissioned Corps Officers of the U.S. Public Health Service. The primary objective is to secure an interactive online training program that addresses a variety of topics, including a) workplace harassment (including sexual harassment) b) anti-bullying and c) No Fear, while promoting innovation and problem solving within a health care environment. This interactive training will meet the federal requirement under the Notification and Federal Employee Antidiscrimination Act of 2002 (No FEAR) and Agency mandate of Prevention of Sexual Harassment (POSH). This training will be used NIH Wide.

1.1

BACKGROUND

The NIH, an Operating Division of the U.S. Department of Health and Human Services (HHS), is the world’s largest biomedical research agency supporting scientific studies that turn discovery into health. NIH is comprised of 27 Institutes and Centers and its mission is to seek fundamental knowledge about the nature and behavior of living systems and the application of that knowledge to enhance health, lengthen life, and reduce illness and disability.

NIH is committed to maintaining a high standard of conduct in the workplace and providing a work environment free from harassing, offensive or inappropriate activity.

The Office of Equity Diversity and Inclusion (EDI) advises the NIH Director and staff on how to increase the diversity representation within the NIH workforce and foster an inclusive environment wherein all NIH employees can contribute to their full potential through employee engagement, talent identification, leadership development, succession planning and leveraging ideas. EDI manages the discrimination complaint program as well as provides a program for EEO education and awareness.

EDI Supports NIH through the following activities:

· Advises NIH leadership on EEO Complaints processing, counseling, and formal complaints;

· Provides project management for enterprise EEO systems and functional aspects of EDI public/internal web sites;

· Provides systems training and support for NIH customers;

· Analyzes EEO metrics/benchmarks and internal EDI business practices, processes, and programs;

· Supports business standardization efforts for EDI;

· Serves as business owners for NIH EEO systems (including risk management and systems security activities); and

· Serves as NIH advocates for these systems to ensure they meet NIH business and process needs.

EDI is also responsible for managing the Agency mandated Prevention of Sexual Harassment (POSH) and Federally Mandated Notification and Federal Employee Antidiscrimination Act of 2002 (No FEAR) trainings. These training systems are NIH Wide.

For purposes of this SOW, harassment is defined in accordance with the NIH Policy Statement and Guidance on Workplace Harassment, Offensive, and Inappropriate Conduct (see https://hr.nih.gov/working-nih/civil/nih-anti-harassment-policy-and-guidance) as: Harassment includes unwelcome intimidation, ridicule, insult, comments, bullying, or physical conduct based on race, color, religion, sex (including pregnancy), national origin, age, disability, family medical history, or genetic information and sexual orientation, or retaliation where:

1. An employee’s acceptance or rejection of such conduct explicitly or implicitly forms the basis for an employment decision affecting the employee; or

2. The conduct is sufficiently severe or pervasive as to alter the terms, conditions, or privileges of the employee’s employment, or otherwise create a hostile work environment. This type of harassment typically does not involve discrete personnel actions such as denial of promotion.

The No Fear training component of this RFQ stems from the Federal mandate that requires Federal Agencies to:

1. Reimburse the Judgment Fund for payments made to employees, former employees, or applicants for Federal employment because of actual or alleged violations of Federal employment discrimination laws, Federal whistleblower protection laws, and retaliation claims arising from the assertion of rights under those laws.

2. Provide annual notice to its employees, former employees, and applicants for Federal employment concerning the rights and remedies applicable to them under the employment discrimination and whistleblower protection laws.

3. At least every two years, an agency must provide training to its employees, including managers, regarding the rights and remedies available under the employment discrimination and whistleblower protection laws.

4. Submit to Congress, EEOC, the Department of Justice, and OPM, an annual report setting forth information about the agency's efforts to improve compliance with the employment discrimination and whistleblower protection laws and detailing the status of complaints brought against the agency under these laws.

5. Post quarterly on its public Web site summary statistical data pertaining to EEO complaints filed with the agency.

Please Note: The conduct covered by the agency’s policy statement is broader than the legal definition of harassment listed above. It includes any comments or conduct that disparages, denigrates or demonstrates hostility or aversion towards any person (including applicants for employment) that could reasonably be interpreted as harassing, offensive or inappropriate in the workplace. Physical comments, jokes, gestures, written documents, photocopies, e-mails, pictures, images or other items or behavior in a work or work-related environment are covered by this policy. Examples of prohibited conduct include, but not limited to, the use of epithets, slurs, negative stereotypes, threats, intimidation, hostile acts, and the use, display or dissemination of offensive written or pictorial material (such as posters, calendars, flyers, memoranda, message, etc.). This is because the goal of this policy is to avoid or at least limit harm to any employee subjected to unwelcome hostile or abusive conduct based on a protected characteristic by ensuring that appropriate officials are notified of and have the opportunity to promptly correct - such conduct before it becomes so severe or pervasive as to violate the law, or as soon as possible thereafter.

1.2 SCOPE

This SOW is limited to one (1) deliverable. The deliverable is an interactive COTS online (e-learning) training module that addresses a variety of topics, including a) workplace harassment (including sexual harassment) b) anti-bullying and c) No Fear, with the specific focus of promoting innovation and problem solving within a health care environment. The training program must contain interactive exercises, realistic situations, and scenarios that focus on the health care environment while addressing EEO laws under Title 7 and Title 9. In addition, these training modules must be able to address and be understood by a range of employees that work at a medical research facility including medical and non-medical professionals and support staff, research and non-research staff, and students.

1.3 OBJECTIVES

The primary objective is to secure a COTS interactive online training program that addresses a variety of topics, including a) workplace harassment (including sexual harassment) b) anti-bullying and c) No Fear, while promoting innovation and problem solving within a health care environment. Securing an on-line training program will also enable the NIH to provide the mandatory POSH and NoFear training, to its employees, without incurring travel costs.

The Sexual Harassment training shall:

· Provide employees with accurate, effective and legally compliant training necessary to ensure they understand the requirements to avoid workplace claims.

· Train staff on how to take appropriate actions and make informed decisions, avoiding costly punitive and/or compensatory damages in employee complaints that lead to litigation.

· Include accountability and tracking components.

· Foster greater learning comprehension and longer retention.

The No Fear training component shall:

· Include information for NIH employees, former employees, and applicants for Federal employment concerning the rights and remedies applicable to them under the employment discrimination and whistleblower protection laws.

· Meet the Federal mandate of providing, at least every two years, training to its employees, including managers, regarding the rights and remedies available under the employment discrimination and whistleblower protection laws.

2.0 REQUIREMENTS: The NIH Director is committed to training its employees on the No FEAR Act and the Prevention of Sexual Harassment (POSH). EDI is the Unit within the NIH that is responsible for ensuring that the NIH fulfills the commitment of the NIH Director to train its employees on said matters. Thus, the EDI is seeking to purchase a customizable COTS product that incorporates a license agreement to host and use an interactive e-training (aka e-learning) module that is NIH LMS hosting compatible.

1) Period of Performance is:

· The license agreement is for 1 year (12 months) with 2 option years (12/months each). The license shall cover all employees, contractors, fellows and students at the NIH.

2) Content:

· The interactive e-training module must address:

· Workplace harassment (including sexual harassment) in a health care environment

· Anti-bullying in a health care environment

· Federal Laws and regulations under Title 7 and/or Title 9

· The learning needs all employees who work in a health care facility, which includes medical staff, research staff, and students

· Hostile Work Environment

· Tangible employment action (previously known Quid Pro Quo) Harassment

· Disparate Treatment and its Impact

· Preventing Illegal Behavior

· Supervisor Responsibilities as they relate to addressing workplace harassment and bullying

· Bystander Intervention

· Inclusive Language

· Protected Basis

· Preferential Treatment (i.e., Power Shift or Balance)

· Responding to Complaints

· Barriers to Reporting

· (May include) Unconscious Bias

· Interactive exercises based on realistic situations

· Health care environment scenarios

· Video scenarios with a focus on a health care environment addressing EEO laws that also reflect EEO case under Title 7 and/or Title 9

· Promoting innovation and problem solving within a health care environment

3) Customization and Operability:

· The interactive e-training module must be customizable to:

· Meet the unique needs of the NIH including NIH policies and procedures

· Adjust time for topics and instruction to fit the learner’s needs

· Use a continuum of knowledge and skills and allows the learner to identify where they fall in the continuum before and after instruction

· Ask what they would like to know about the topic

· Suggest next steps and additional resources or instruction

· Help the learner recall what they already know from prior experience and relates that knowledge to the new concept

4) Technical requirements:

· Between 30 minutes to 1 hour in length

· Section 508 Compliant

· Upload able and compatible with the NIH Language Management System (LMS)-(Oracle and SQL platform databases)

· Delivered to NIH in a Sharable Content Object Reference Model (SCORM) format, which is a collection of standards and specifications for web-based electronic educational technology (also called e-learning). The SCORM format defines communications between client-side content and a host system (called "the run-time environment"), which is commonly supported by a learning management system.

5) Time frames:

· Delivery of this tailored COTS product from contractor to the NIH is within 3 months of purchase order award. Exact delivery date will be determined at award of the purchase order.

2.1 DELIVERABLES

The deliverable is an interactive COTS online (e-learning) training module that addresses a variety of topics, including a) workplace harassment (including sexual harassment) b) anti-bullying and c) No Fear, with the specific focus of promoting innovation and problem solving within a health care environment. The training program must contain interactive exercises, realistic situations, and scenarios that focus on the health care environment while addressing EEO laws under Title 7 and Title 9. In addition, these training modules must be able to address and be understood by a range of employees that work at a medical research facility including medical and professional staff, research and non-research staff, and students. The technical requirements for the Commercial Off the Shelf (COTS) product that is between 30 minutes to 1 hour in length, be section 508 Compliant, is upload able and compatible with the NIH Language Management System (LMS)-(Oracle and SQL platform databases), and be delivered to NIH in a Sharable Content Object Reference Model (SCORM) format, which is a collection of standards and specifications for web-based electronic educational technology (also called e-learning). The SCORM format defines communications between client-side content and a host system (called "the run-time environment"), which is commonly supported by a learning management system.

In addition, NIH requires a license to use and deliver to the NIH a fully functioning, Section 508-compliant user interactive e-training module that meets all requirements in Section 2.0 above. Contractor is required to provide technical assistance for installation and operability of the training module on NIH’s LMS. This may include working with NIH’s IT representatives (employees and/or contractors) and LMS representatives.

2.2 PERIOD OF PERFORMANCE

The period of performance of the purchase order will bes TBD-TBD, with two subsequent option year periods.

3.0 GOVERNMENT FURNISHED PROPERTY

None

4.0 SECURITY REQUIREMENTS

The training module must be upload able and compatible with the NIH Language Management System (LMS)-(Oracle and SQL platform databases), along with being a Sharable Content Object Reference Model (SCORM) - which is a collection of standards and specifications for web-based electronic educational technology (also called e-learning). Product must also pass the security and IT requirements of the NIH.

End of Statement of Work

Information Security and/or Physical Access 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.

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.

1. 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:

c. 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.

d. 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.

e. 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 .

f. Comply with the Privacy Act requirements.

2. Information Security Categorization- 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, Contractor Non-Disclosure Agreement 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: [ X ] Low [ ] Moderate [ ] High Integrity: [ X ] Low [ ] Moderate [ ] High Availability: [ X ] 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

Personally Identifiable Information (PII). Per the Office of Management and Budget (OMB) Circular A-130, "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.

PII Confidentiality Impact Level has been determined to be:

[X ] Low [ ] Moderate [ ] High

3. Controlled Unclassified Information (CUI)- CUI is defined 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. All sensitive information that has been identified as CUI by a regulation or statute, handled by this solicitation/contract, shall be:

g. Marked appropriately;

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

i. Protected in accordance with NIST SP 800-53, Security and Privacy Controls for Federal 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

j. Returned to HHS control, destroyed when no longer needed, or held until otherwise directed. Destruction of information and/or data shall be accomplished in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

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. Confidentiality and Nondisclosure of Information- Any information provided to the contractor (and/or any subcontractor) by HHS or collected by the contractor on behalf of HHS shall be used only for the purpose of carrying out the provisions of this contract and shall 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 shall ensure that all work performed by its employees and subcontractors shall be under the supervision of the Contractor. Each Contractor employee or any of its subcontractors to whom any HHS records may be made available or disclosed shall 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 shall be protected in accordance with HHS and NIH policies. Unauthorized disclosure of information will be subject to the HHS/NIH sanction policies and/or governed by the following laws and regulations:

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

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

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

Each employee, including subcontractors, having access to non-public Department information under this acquisition shall complete the "Commitment to Protect Non-Public Information - Contractor Employee Agreement" located at: https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf . A copy of each signed and witnessed Non-Disclosure agreement shall be submitted to the Project Officer/COR prior to performing any work under this acquisition.

6. 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).

7. 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.

8. Contract Documentation- The Contractor shall use provided templates, policies, forms and other agency documents provided by the Contracting Officer and the Contracting Officer's Representative to comply with contract deliverables as appropriate.

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

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

o. 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 validated encryption solution.

p. 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 process sensitive government information (including PII).

q. 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 Contracting Officer and the Contracting Officer's Technical Representative within 15 days of the validation .

r. 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.

10. Contractor Non-Disclosure Agreement (NDA)- Each Contractor (and/or any subcontractor) employee having access to non-public government information under this contract shall complete the NIH non-disclosure agreement https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf , as applicable. A copy of each signed and witnessed NDA shall be submitted to the Contracting Officer (CO) and/or CO Representative (COR) prior to performing any work under this acquisition.

11. Privacy Threshold Analysis (PTA)/Privacy Impact Assessment (PIA)- The Contractor shall assist the NIH Office of the Senior Official for Privacy (SOP) or designee with conducting a PTA for the information system and/or information handled under this contract to determine whether or not a full PIA needs to be completed. The NIH PIA guide is located at https://oma.od.nih.gov/forms/Privacy%20Documents/Documents/NIH%20PIA%20Guide.pdf .

s. If the results of the PTA show that a full PIA is needed, the Contractor shall assist the OpDiv SOP or designee with completing a PIA for the system or information within 60 days after completion of the PTA and in accordance with HHS policy and OMB M-03-22, Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002.

t. The Contractor shall assist the NIH Office of the SOP or designee 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.

B. TRAINING

2. Mandatory Training for All Contractor Staff- All Contractor (and/or any subcontractor) employees assigned to work on this contract shall complete the applicable HHS/NIH Contractor Information Security Awareness, Privacy, and Records Management training course at http://irtsectraining.nih.gov/ before performing any work under this contract. Thereafter, the employees shall complete NIH Information Security Awareness, Privacy, and Records Management training at least annually, during the life of this contract. All provided training shall be compliant with HHS training policies.

3. 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 policy and the HHS Role-Based Training (RBT) of Personnel with Significant Security Responsibilities Memorandum. Read further guidance about the NIH Role-based Training https://ocio.nih.gov/aboutus/publicinfosecurity/securitytraining/Pages/rolebasedtraining.aspx

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

C. RULES OF BEHAVIOR

5. The Contractor (and/or any subcontractor) shall ensure that all employees performing on the contract comply with the HHS Information Technology General Rules of Behavior, and comply with the NIH Information Technology General Rules of Behavior https://ocio.nih.gov/InfoSecurity/training/Pages/nihitrob.aspx , which are contained in the NIH Information Security Awareness Training Course http://irtsectraining.nih.gov

6. All Contractor employees performing on the contract must read and adhere to the Rules of Behavior before accessing Department 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 NIH Information Security Awareness Training. If the training is provided by the contractor, the signed Rules of Behavior must be provided as a separate deliverable to the CO and/or COR per defined timelines above.

D. 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 cyber security 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:

7. 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.

8. 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 individuals in accordance with https://ocio.nih.gov/InfoSecurity/IncidentResponse/Pages/ir_guidelines.aspx

9. Report all suspected and confirmed information security and privacy incidents and breaches to the NIH Incident Response Team (IRT) via email at IRT@mail.nih.gov , COR, CO, the NIH Office of the SOP (or his or her designee), and other 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:

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

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

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

12. Comply with OMB M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information HHS and NIH incident response policies when handling PII breaches.

13. 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 within an hour of discovery.

E. 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:

[ ] Level 6: Public Trust - High Risk. Contractor/subcontractor employees assigned to Level 6 positions shall undergo a Suitability Determination and Background Investigation (MBI).

[ ] Level 5: Public Trust - Moderate Risk. Contractor/subcontractor employees assigned to Level 5 positions with no previous investigation and approval shall undergo a Suitability Determination and a Minimum Background Investigation (MBI), or a Limited Background Investigation (LBI).

[ X ] Level 1: Non-Sensitive. Contractor/subcontractor employees assigned to Level 1 positions shall undergo a Suitability Determination and National Check and Inquiry Investigation (NACI).

F. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD)-12

The Contractor (and/or any subcontractor) and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; OMB M-05-24; FIPS 201, Personal Identity Verification (PIV) of Federal Employees and Contractors; HHS HSPD-12 policy; and Executive Order 13467, Part 1 §1.2.

For additional information, see HSPD-12 policy at: https://www.dhs.gov/homeland-security-presidential-directive-12)

Roster-

x. The Contractor (and/or any subcontractor) shall 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 shall be submitted to the COR and/or CO within fourteen (14) calendar days after the effective date of this contract. Any revisions to the roster as a result of staffing changes shall be submitted within seven (7) calendar days of the change. The COR will notify the Contractor of the appropriate level of investigation required for each staff member. An electronic template, "Roster of Employees Requiring Suitability Investigations," is available for contractor use at: https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx .

y. If the Contractor is filling a new position, the Contractor shall provide a position description and the Government will determine the appropriate suitability level. Upon receipt of the Government's notification of applicable Suitability Investigations required, the Contractor shall complete and submit the required forms within 30 days of the notification.

z. Upon receipt of the Government's notification of applicable Suitability Investigations required, the Contractor shall complete and submit the required forms within 30 days of the notification.

aa. The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.

ab. All contractor and subcontractor employees shall comply with the conditions established for their designated position sensitivity level prior to performing any work under this contract. Contractors may begin work after the fingerprint check has been completed.

ac. Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays - see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.

ad. Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more that the cost of the additional investigation(s).

ae. The Contractor shall include language similar to this "HHS Controlled Facilities and Information Systems Security" language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

af. The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.

ag. Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting Officer or designee.

G. CONTRACT INITIATION AND EXPIRATION

10. General Security Requirements- The Contractor (and/or any subcontractor) shall comply with information security and privacy requirements, Enterprise Performance Life Cycle (EPLC) processes, HHS 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 shall follow the HHS EPLC framework and methodology or and in accordance with the HHS Contract Closeout Guide (2012).

HHS EA requirements may be located here: https://www.hhs.gov/ocio/ea/documents/proplans.html

14. System Documentation- Contractors (and/or any subcontractors) must follow and adhere to NIST SP 800-64, Security Considerations in the System Development Life Cycle, 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.

15. Sanitization of Government Files and Information- As part of contract closeout and at expiration of the contract, the Contractor (and/or any subcontractor) shall provide all required documentation in accordance with the NIH Media Sanitization and Disposal Policy 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.

16. Notification- The Contractor (and/or any subcontractor) shall notify the CO and/or COR and system ISSO within fifteen days before an employee stops working under this contract.

17. Contractor Responsibilities Upon Physical Completion of the Contract- The contractor (and/or any subcontractors) shall 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 shall 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 NIH policies.

18. The Contractor (and/or any subcontractor) shall perform and document the actions identified in the NIH Contractor Employee Separation Checklist https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Emp-sep-checklist.pdf when an employee terminates work under this contract within 2 days of the employee's exit from the contract. All documentation shall be made available to the CO and/or COR upon request.

H. RECORDS MANAGEMENT AND RETENTION

The Contractor (and/or any subcontractor) shall maintain all information in accordance with Executive Order 13556 -- Controlled Unclassified Information, National Archives and Records Administration (NARA) records retention policies and schedules and HHS/NIH policies and shall not dispose of any records unless authorized by HHS/NIH.

In the event that a contractor (and/or any subcontractor) accidentally disposes of or destroys a record without proper authorization, it shall be documented and reported as an incident in accordance with HHS/NIH policies.

FAR and HHSAR Provisions/Clauses Incorporated by Reference:

· FAR Provision 52.212-1 Instructions to Offerors—Commercial Items (Oct 2018)

· HHSAR Provision 352.239-73 Electronic Information and Technology Accessibility Notice (December 18, 2015)

· FAR Clause 52.212-4 Contract Terms and Conditions—Commercial Items (Oct 2018)

· FAR Clause 52.242-15 Stop-Work Order (Aug 1989)

· HHSAR Clause 352.203-70 Anti-Lobbying (December 18, 2015)

· HHSAR Clause 352.208-70 Printing and Duplication (December 18, 2015)

· HHSAR Clause 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)

· HHSAR Clause 352.223-70 Safety and Health (December 18, 2015)

· HHSAR Clause 352.239-74 Electronic and Information Technology Accessibility (December 18, 2015) FAR and HHSAR Provisions/Clauses Provided in Full

· FAR Clause 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Oct 2018)-See Attachment #1

· Invoicing Instructions-See Attachment #2

CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this Purchase Order:

TBD

The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements.

The Government may unilaterally change its COR designation.

Evaluation Criteria

All quotes will be given a thorough review. The evaluation process will be based on Best Value with technical being more important than price. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Past Experience The vendor has developed and delivered training and related products in the areas described in the work statement (Section 2.0 Requirements of SOW) to large-scale organizations (particular those in the health/scientific field).

The vendor complies with contract requirements, uses appropriate personnel, and demonstrates technical excellence.

Vendors will be evaluated on the quoter’s experience in handling projects of this complexity and magnitude, and their demonstrated understanding of this requirement. Vendors shall provide information on at least 3 (but no more than five) completed requirements (within the last 5 years of solicitation due date) to include:

· Contract/Order Number

· Contract/Order Amount-Including Options

· Contract/Order Type (T&M, FFP, etc)

· Customer and CO Name, Phone Number, email address

· General Contract/Order Description and how it fits with the requirement of the solicitation.

Technical Capabilities

The quote…