75P00122R00007.pdf

75P00122R00007

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

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C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

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M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

11/23/2021 X

PSC/FMP/AMS/SLC

PSC/FMP/AMS/SLC

299 SOUTH MAIN STREET

4TH FLOOR

SALT LAKE CITY UT 84111

1200 ET 12/23/2021

DEBBIE L HOPE 202

Debbie.Hope@psc.hhs.gov

934-4178

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PAGE(S)

DEBBIE L. HOPE

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

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12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

75P00122R00007

(A) (B) (C) (D) (E) (F)

TITLE: CCHQ USPHS Training Modernization

This is a sole source requirement to the University of Nebraska Medical Center (DUNS

#168559177)

1 CCHQ USPHS Training Modernization

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

RFP 75P00122R00007

TITLE: CCHQ USPHS Training Modernization

SECTION B - Supplies or Services and Prices/Costs

B.1 BRIEF DESCRIPTION OF SERVICES

This contract is to provide enhanced training focused on self-care, individual safety, and security of Public Health Service Commissioned Corps (PHSCC) Officers during a time of increased exposure to the COVID-19 virus and deployments to support immigration and refugee activities.

This procurement is for the acquisition of commercial services being conducted under FAR Part 15 procedures.

B.2 TYPE OF CONTRACT

The contract type anticipated is Time and Materials (T&M).

B.3 SEVERABLE SERVICES

The services acquired under this contract are severable services. Funds are only available for use for the contract line item (CLIN) to which they are obligated. Unused funds from one CLIN may not rollover for use in other CLINs.

B.4 CONSIDERATION AND PAYMENT (T&M – Severable Services)

In consideration of satisfactory performance of the work as described throughout this contract, the Contractor shall be paid in accordance with the fixed loaded hourly rates as shown herein for the specified categories of labor based on the number of actual hours incurred in the performance of the work specified. Fully loaded rates shall be all inclusive of direct labor, fringe benefits, applicable indirect costs, and any profit for each labor category. Additionally, the contractor shall be paid for materials and travel directly chargeable to this contract. If the options are exercised funding will be obligated by modification to the contract.

The below pricing chart may be revised based on the proposal submitted.

The base period and option periods are priced as follows:

CLIN 1 - Base Period:

Labor Categories Loaded Rates Estimated Hours Estimated Total

Labor Subtotal $

Materials Subtotal

CLIN Ceiling (Not to Exceed)

TOTAL Potential Value inclusive of all CLINS

B.6 MATERIAL (NON-LABOR) INDIRECT COST RATES

Pursuant to the General Provisions of this contract and FAR 52.232-7 Payments Under Time and Materials and Labor Hour Contracts, the following indirect fixed rate to be applied against Materials is established:

Type Fixed Rate Material Handling

B.5 CEILING PRICE

The hours and total price per labor category are for budgeting purposes only. The number of hours actually used for each category may exceed or be less than the estimate by category as long as the ceiling price for the CLIN is not exceeded. The ceiling for each CLIN is identified in Section B. The Government shall not be obligated to pay any amount in excess of this ceiling price nor is the Contractor obligated to continue performance if to do so would exceed this ceiling price. In the event that the Government chooses to exercise optional CLINS, unused funds from a previous CLIN may not be used to fund any services taking place in a subsequent CLIN. The ceiling price may be modified by the Government if it is determined that the estimated hours or estimated materials are insufficient for the work required.

B.6 ADDITIONS AND CHANGES TO LABOR CATEGORIES

It may be necessary to add or change labor categories during performance of this contract in order to carry out the services described in Section C. If new labor categories are added, or existing labor categories revised, the parties will negotiate the labor category(ies) prior to the incorporation into the contract. Any new labor rate proposed will be evaluated for reasonableness in accordance with FAR 15.4.

SECTION C - Description/Specifications/Performance Work Statement

TITLE: USPHS Training Modernization

C.1. Purpose

This contract is to provide enhanced training focused on self-care, individual safety, and security of Public Health Service Commissioned Corps (PHSCC) Officers during a time of increased exposure to the COVID-19 virus and deployments to support immigration and refugee activities.

C.2 Background

The Office of the Assistant Secretary for Health (OASH) oversees the Department’s key public health offices and programs, a number of Presidential and Secretarial advisory committees, 10 regional health offices across the nation and the Office of the Surgeon General and the U.S.

Public Health Service Commissioned Corps.

The Commissioned Corps Headquarters (CCHQ) is responsible for the administration and response coordination of the U.S. Public Health Service Commissioned Corps. CCHQ works to maintain optimum performance and readiness of over 6,700 uniformed health professionals.

CCHQ also manages all human resource functions for officers, such as payroll, promotions, and performance evaluations. CCHQ conducts recruitment; calls to active duty; Commissioned Corps boards; issues personnel orders; maintains Commissioned Corps officer payroll and records; management of medical actions and evaluations; oversees the performance, discipline and conduct of commissioned officers; develops and implements policies and regulations. CCHQ is also responsible for all Commissioned Corps readiness and response operations.

On March 11, 2020, the World Health Organization (WHO) declared the COVID-19 outbreak a global pandemic, and on March 13, 2020, the United States issued a Presidential Proclamation declaring the COVID-19 outbreak to be a national emergency. Since the initial insurgence of the COVID-19 virus, PHS officers have spearheaded the response by deploying across the U.S. to provide care and assistance at ports of entry, airports, military installations, local health facilities, and emergency shelters. Each deployment in response to COVID-19 places PHS officers in direct contact with the virus and the anxiety associated with this threat. Not all officers have the experience of responding to public health emergencies where the risk to their life is eminent.

This requirement will train current and new officers on subjects addressing their personal safety and security as they deploy to regions where they will be exposed to various health threats in addition to COVID-19; some of these diseases include, tuberculosis, polio, cholera, smallpox and other acute respiratory syndromes. This contract supports the efforts against the COVID-19 outbreaks and the PHSCC responsibility to train officers to fulfill public health and emergency response roles (42 U.S. Code § 204a - Deployment Readiness).

C.3 Scope

This requirement is to provide a comprehensive training program aimed at developing the individual skills and mentality PHS officers require for their personal safety while deployed to environments where their personal health is threatened. This training is essential in mitigating the risk of COVID-19 infection to PHS officers as new variants of the virus become more transmissible and the number of hospitalizations and deaths are exponentially on the rise. This training instills in the safety consciousness required by PHS officers as they deploy to assist with the response to increased migration into the U.S. and are likely to be exposed to infectious diseases such as tuberculosis, cholera, malaria, hepatitis, and others.

C.4 Contractor Personnel

C.4.1 Key Employees: Contractor shall provide an organizational chart identifying all personnel associated with the execution of this contract.

C.4.2 Point of Contact (POC): Contractor will assign a representative for the contractor to assist a training branch COR or designee in resolving issues, requesting modifications, and all collaboration associated with this contract.

C.4.3 Contractor Employees: Contractor shall provide employees with the specialized knowledge, skills, and abilities to provide the quality of training depicted in this document.

Contractor employees (instructors) tasked with conducting training should have a reasonable understanding of the PHS Commissioned Corps mission and the environmental circumstances of their deployments.

C.4.4 Employee Roster: Contractor shall submit a list of instructors and support personnel (to include key employees identified above) with a copy of their professional biography to the COR or designee five (5) business days after the effective date of contract (EDOC).

C.5 Quality Control

The Government will utilize a Quality Assurance Surveillance Plan (QASP) to monitor performance of this contract. The QASP identifies how quality assurance, management, and control will be directed. The contractor is responsible for performing management and quality control actions to meet the terms of this contract as indicated in QASP, Section C.10 of this document. The Government COR will use the QASP to develop a QASP checklist to reflect at a minimum all the deliverable of this contract, a copy will be provided to the Contractor. The COR or designee will use the checklist to perform and document an independent assessment of the contractor’s performance at least monthly.

C.7 Definitions (and/or Acronym List)

Below is a list of definitions and acronyms applicable to this contract. Definitions of contractual terms can be found in the Federal Acquisition Regulations (FAR) Part 2 and specific part of the FAR identified in the definitions below.

C.7.1 General Definitions

Deliverables are items required to be submitted to the Government in support of contract performance.

Effective Date of Contract (EDOC) means the beginning date of the period of performance of the contract.

Performance Work Statement (PWS) means a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes; reference FAR Part 37.6.

C.7.2 Technical Definitions

Technical requirements relate to the tasks and performance required to accomplish the contract.

C.8 Performance Requirements Summary (PRS):

The contractor shall provide highly qualified instruction on subjects related to the personal safety and security of CCHQ and PHS medical personnel responding to highly volatile situations in diverse environments. Services shall include technical skills taught in a classroom setting and hands-on application in simulated environments. The contractor shall provide the facilities/training rooms as needed to facilitate in-class training.

Below describes the minimum requirements and tasks required for performance of this contract.

The Contractor shall furnish all of the necessary personnel, materials, services, facilities, (except as otherwise specified herein), and otherwise do all the things necessary for or incident to the performance of the work as set forth below.

C.8.1 Technical Requirements/Tasks/Courses:

The Contractor shall comply with the technical requirements and provide the tasks and courses identified below:

C.8.1.1 Course Schedule: Contractor shall develop and implement a course schedule for each training course to inform students of the time/date of specific activities, its location, and any specific information or equipment required for participation. A copy of the schedule will be provided to registered students prior to the beginning of the course; time period to be determined by the Contractor/Instructor.

C.8.1.2 Define a safe work environment: develop and provide training to educate PHS officers of measures for creating a safe work environment. The contractor shall provide training how to identify safety hazards in a deployed environment; how to apply measures to prevent and mitigate hazards; actions to take in case of exposure; and reporting requirements.

C.8.1.3 Identify occupational health and safety hazards: collaborate with the COR and Training Branch designee to develop specialized training on topics facing PHS officers in response to threats posed by COVID-19 and refugee/migration crises.

C.8.1.4 Identify occupational health and safety standards: provide training to educate PHS officers on developing personal injury and illness prevention plans, IAW Occupational Health and Safety Administration (OSHA) regulations.

C.8.1.5 Hazards in an emergency room setting: develop and implement training aimed at doctors, nurses, and medical staff responding to COVID-19 patients in an emergency room setting. Training shall be focused on the personal safety and security of PHS officers caring for patients with COVID-19 and other infectious diseases.

C.8.1.6 Safe patient treatment: provide training focused on the risk of patient handling to PHS officers in a deployed environment. The course shall identify potential hazards resulting from COVID-19 exposure and educate officers how to protect themselves from other risks under current circumstances.

C.8.1.7 Laboratory safety: develop and execute training focused on personal protective equipment and measures to protect PHS officers from exposure to bloodborne pathogens, respiratory protections, as well as chemical, biological, and radiological threats.

C.8.1.8 Managing stress and fatigue: provide and execute training that identifies stress factors associated to those experienced by medical personnel responding to COVID-19 cases. The training shall identify the cause of stress, symptoms related to the stress, and steps to take to reduce the effect of stress related to COVID-19 response and future threats to public health.

C.8.1.9 Training simulations and exercise: develop and implement training protocols for PHS office to apply in a simulated environment using state of the art technology.

C.8.1.10 Course materials and information: provide required student material and information pertaining to the course. Information packet shall include at a minimum course summary, class descriptions, course schedule, and any special requirements for attendance.

C.8.1.11 Student performance evaluation: provide each student with a performance evaluation from their participation in the course. Contractor shall provide a copy of this evaluation to the COR or designee of this contract.

C.8.1.12 Student course evaluations: develop a student course evaluation checklist for students to comment on and rate the quality of training received.

C.8.1.13 Risk Analysis: assist CCHQ Training Branch staff in conducting a risk analysis for all projected events and activities; executes measures designed to mitigate risks as they relate to the contractor’s execution of this contract.

C.8.2 Meetings/Reports

The Contractor shall attend all meetings and provide reports and other deliverable items as described below.

C.8.2.1 Kickoff meeting: The contractor shall meet with the COR and CCHQ representatives within five (5) business days of the effective date of contract (EDOC) to discuss scope of work, deliverables, quality control, and reporting requirements. During this meeting, the contractor shall provide a draft Project Management Plan. In addition, the contractor will provide a single point of contact for the management of this contract.

C.8.2.2 Course Curriculum: The contractor shall develop/structure course curriculum designed to meet the elements training course identified herein. A description of the course curriculum and intended outcomes for each course shall be submitted to the COR or designee no later than (NLT) five (5) business days following the kickoff meeting.

C.8.2.3 Project Management Plan (PMP): The Contractor shall submit a draft PMP at the Kick-off meeting and the final PMP within 3 business days following the Kick-off meeting. The PMP shall acknowledge a full understanding of the purpose and scope of this contract; identify the deliverables and provide a schedule to support its execution;

presents a Communication Management Plan as described below; shows review and agreement with the Government QASP. Changes to the project management plan must be coordinated through the designated CCHQ COR.

C.8.2.4 Communication Management Plan (CMP): As part of the PMP, the Contractor shall submit a CMP that addresses at a minimum; communication channels and the flow of communication for this contract, describes how discrepancies are reported, and how conflicts will be addressed. The Plan shall include an organizational chart depicting key stakeholders (management, supervisors, contracted employees hired in support of this contract and the technical point of contact for this contract).

C.8.2.5 Monthly Status Report (MSR): The Contractor shall provide a monthly status report electronically to the CCHQ and the Contracting Officer Representative (COR) no later than the 5th calendar day of each subsequent month. This report shall summarize the activities performed by the Contractor in support of this contract; specifically, the report shall outline tasks accomplished, meetings attended problems encountered, mitigation strategies, risks and any other relevant performance information.

Additionally, the report shall include:

a) An individualized listing of monthly and cumulative staff hours and costs incurred by contract tasks.

b) A brief description of the activities planned for the upcoming month; and,

c) Information for each section of the monthly report shall be organized by task as outlined in the PWS.

C.8.2.6 Risk Management Plan (RMP): The Contract shall provide an RMP that describes how the Contractor plans to identify risk, methods/techniques used to analyze the risks, and measures to be used to mitigate risks. The RMP shall be provided to the COR within 3 business days following the Kick-off Meeting.

C.8.2.7 Final Report: Upon contract completion, the Contractor shall provide a final report no later than 10 business days before the end of the contract period of performance that includes copies of training curriculum, course summaries, and a closing statement. Upon submission of the final report, and to successfully close out the contract, the Contract shall submit a final invoice in accordance with Section G.4.

C.9 SECURITY/PRIVACY

C.9.1 INFORMATION SECURITY AND/OR PHYSICAL ACCESS SECURITY

REQUIREMENTS

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 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.

b. Safeguarding Information and Information Systems. All government information and information systems must be protected in accordance with HHS/OASH 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.

Note to the Requiring Activity Representative: Complete the following section using the information obtained from the Information Security and Privacy Certification Checklist.

ii. Categorize all information owned and/or collected/managed on behalf of HHS/OASH and information systems that store, process, and/or transmit HHS 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 ISSO, CISO, OpDiv SOP, 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: [ ] Low [X] Moderate [ ] High Availability: [ ] Low [X] Moderate [ ] High Overall Impact Level: [ ] Low [X] 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 HHS/HHS/OASH 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 HHS/HHS/OASH 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 HHS/ HHS/OASH 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, NIST SP 800-53, and applicable HHS/OASH 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 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 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, HHS uses a privacy analysis process to assess the risks associated with HHS'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 HHS 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 or not 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 12 months 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.

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.

b. 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 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.

c. 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.

d. 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 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 HHS 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 and OASH policies. Unauthorized disclosure of information will be subject to the HHS/OASH 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).

e. 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).

f. 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.

g. 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 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, HTTPS is not required, but it is highly recommended. Consult the HHS Policy for Internet and Email Security for additional information.

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

Note to the Requiring Activity Representative: See Appendix C for baseline deliverables. Do NOT include in procurement documentation.

i. 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 HHS and OpDiv-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 prior to Offeror reliance on that encryption and application to Government owned information.

v. 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 http://csrc.nist.gov/publications/. Encryption keys must be provided to the COR upon request and at the conclusion of the contract.

j. 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 OpDiv non-disclosure agreement. OASH http://csrc.nist.gov/publications/

NDA agreement is provided as Attachment 1 and can be accessed via this link https://intranet.hhs.gov/document/template-form-hhs-non-disclosure-agreement-nda, 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 HHS/OpDiv 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 OASH-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 HHS 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 policy and the HHS Role-Based Training (RBT) of Personnel with Significant Security Responsibilities Memorandum.

c. Training Records. The Contractor (and/or any subcontractor) must maintain training records for all its employees working under this contract in accordance with HHS 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 HHS Information Technology General Rules of Behavior, HHS Rules of Behavior for Privileged Users, and insert any OASH-specific rules, as applicable.

b. 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 OpDiv 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 HHS Computer Security Incident Response Center (CSIRC)/OASH 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), an

NDA’s are not required 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 HHS breach response process, please see the HHS Policy and Plan for Preparing for and Responding to a Breach of Personally Identifiable Information (PII)."

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

i. Protect all sensitive information, including any PII created, stored, or transmitted in the performance of this contract, with encryption solution that is validated with current FIPS 140 validation certificate from the

NIST CMVP.

ii. 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 must send OASH approved notifications to affected individuals [OASH to provide timeline, process, and format, if applicable].

iii. Report all suspected and confirmed information security and privacy incidents and breaches to the OpDiv Incident Response Team (IRT) OASH at csirc@hhs.gov, COR, CO, OASH SOP (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 OpDiv 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, 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.

iv. Comply with OMB M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information, and HHS/OpDiv and OASH privacy breach response policies when handling PII breaches.

v. 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 OASH, 30 days

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), if applicable. 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 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 within five (5) business days of the effective date of this contract. Any revisions to the roster as a result of staffing changes must be submitted within five (5) business days of the 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, 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 must follow the HHS EPLC framework and methodology or [OASH to provide specific requirement if applicable] and in accordance with the HHS Contract Closeout Guide (2012).

b. System Documentation. Contractors (and/or any subcontractors) must follow

Tier: Tier 2(S) with subject interview

Information Sensitivity: Moderate Risk Public Trust and adhere to HHS 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 within five (5) business days 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 ISSO within five (5) business days 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 OASH policies.

f. The Contractor (and/or any subcontractor) must perform and document the actions identified in the OASH Contractor Employee Separation Checklist [to be provided by the COR] when an employee terminates work under this contract within five (5) business 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 HHS Policy for Records Management and OASH policies and must not dispose of any records unless authorized by HHS/OASH.

b. In the event that 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 HHS/OASH policies.

10. High Value Asset (HVA) If a system is identified as HVA,[23] the contractor must comply with the HHS Policy for the High Value Asset (HVA) Program and the DHS HVA Control Overlay[24] in addition to the above requirements.

C.10 Quality Assurance Surveillance Plan (QASP)

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the Contractor’s performance. The oversight provided for in the contract and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid https://intranet.hhs.gov/policy/hhs-policy-information-technology-procurements-security-and-privacy-language#ftn23 https://intranet.hhs.gov/policy/hhs-policy-information-technology-procurements-security-and-privacy-language#ftn24 unacceptable or deficient performance and provides verifiable input for the Contractor Performance Assessment Reporting System (CPARS). The QASP may be updated by modification to the contract. QASP Checklist will be submitted to the COR or designee NLT the 5th workday of each month.

Required Services/Tasks

Performance Standards

Method of Surveillance (Quality Assurance)

Standard to be Met/ Allowable Deviation

Define a safe work environment (C.8.1.2)

Provide training on identifying safety hazards; mitigating hazards; reacting to and reporting exposure

Quality of task information provided;

student course evaluation;

and student performance evaluations

Task information outlines 95% or higher the objectives of the course;

course evaluations indicated better than 90% satisfactory

Identify occupational health and safety hazards (C.8.1.3)

Training focuses on specific COVID-19 threat to PHS officers and immigration/ refugee support

Quality of task information provided;

student course evaluation;

and student performance evaluations

Task information outlines 95% or higher the objectives of the course;

course evaluations indicated better than 90% satisfactory

Identify occupational health and safety standards (C.8.1.4)

Training focuses on personal injury and illness prevention plans for PHS officers

Quality of task information provided;

student course evaluation;

and student performance evaluations

Task information outlines 95% or higher the objectives of the course;

course evaluations indicated better than 90% satisfactory

Hazards in an emergency room setting (C.8.1.5)

PHS Officers trained to respond to COVID-19 patients in an emergency room setting

Quality of task information provided;

student course evaluation;

and student performance evaluations

Task information outlines 95% or higher the objectives of the course;

course evaluations indicated better than 90% satisfactory

Safe patient treatment (C.8.1.6)

Training focused on the risk of patient handling to PHS officers in a deployed environment

Quality of task information provided;

student course evaluation;

and student performance evaluations

Task information outlines 95% or higher the objectives of the course;

course evaluations indicated better than 90%…