RFP 75P00125R00028_Take Back Your Health Campaign_Revised_Version 2.pdf

75P00125R00028

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

1 140

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.

I

J

K

L

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

06/12/2025 X

OAMS

OS/ASA/OAMS

Office of Acquisition Management Services 5600 Fishers Lane 15E 10D Rockville MD 20857

1500 ET 06/27/2025

Cynthia Gray Cynthia.Gray@hhs.gov

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PAGE(S)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

4-5

6-32 35-36 37-40 41-44

45-97

99-120

121-133

134-140

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

2 140

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

75P00125R00028

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

Solicitation No. 75P00125R00028- Take Back Your

Health Campaign

This solicitation will result in a

Firm-Fixed-Price (FFP) contract with one (1) Base period and five (5) option periods.

The solicitation has been revised and should be reviewed in detail. Questions received within the designated time frame have been answered; the Q&A is attached for reference.

To participate in Phase I-Oral Presentations, kindly follow requirements as outlined in Section

L.7, page 125. Entries must be submitted, no later than Friday, June 27th at 3:00 PM eastern

Standard Time via e-mail, via email to cynthia.gray@hhs.gov, copy

Anne.mineweaser@hhs.gov.

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Solicitation 75P00125R00028- Take Back Your Health Campaign

SECTION A - Solicitation/Contract Form

TABLE OF CONTENTS

Section Page No. Section Page No.

A 3 H 41-44

B 4-5 Supplies or Services and Prices/Costs I 45-97

C 6-32 Description/Specifications/Statement of Work

J 98

D 33 Packaging and Marking K 99-120

E 34 Inspection and Acceptance L 121-133

F 35-36 Deliveries or Performance M 134-140

G 37-40 Contract Administration Data

SECTION B - Supplies or Services and Prices/Costs

B.1 BRIEF DESCRIPTION OF SERVICES

The U.S. Department of Health and Human Services (HHS) will launch a series of bold, edgy national campaigns with innovative messaging to inspire and empower Americans to reclaim control over their health. This initiative will challenge individuals to adopt disciplined, lifelong habits—centered on eating real food, physical fitness, and spiritual growth—to build a healthier, stronger nation.

B.2 TYPE OF CONTRACT

The contract type awarded is a single award, Firm-Fixed-Price (FFP). The acquisition will be conducted using the procedures outlined in Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial Services, in conjunction with FAR Part

15, Contracting by Negotiation.

B.3 NONSEVERABLE SERVICES

The services specified in each contract line item (CLIN) have been determined to be nonseverable services - a specific undertaking or entire job with a defined end product of value to the Government.

B.4 CONSIDERATION AND PAYMENT (Fixed Price – Separate Nonseverable Services

Components)

In consideration of satisfactory performance of the work as described throughout this contract, the Contractor shall be paid a fixed price for each CLIN (if exercised). If the options are exercised subsequent year funding will be obligated by modification to the contract. The base period and option periods are priced as follows:

CLIN 1 – Service Component 1 - Campaign 1: Ultra-processed Foods, Diabetes, and Chronic

Conditions

This is a line item for nonseverable services. The end product of value is completion of the campaign.

Fixed Price: _________________

CLIN 2 – Optional Service Component 2 - Campaign 2: ((PROVIDED IF EXERCISED)

CLIN 3 – Optional Service Component 3 - Campaign 3: (PROVIDED IF EXERCISED)

CLIN 4 – Optional Service Component 4 - Campaign 4: ((PROVIDED IF EXERCISED)

CLIN 5 – Optional Service Component 5 - Campaign 5: ((PROVIDED IF EXERCISED)

CLIN 6 – Optional Service Component 6 - Campaign 6: ((PROVIDED IF EXERCISED)

Fixed Price:

SECTION C - Description/Specifications/Statement of Objectives

Title: Take Back Your Health Campaign

C.1 PROGRAM DESCRIPTION AND BACKGROUND

The Statement of Objectives will be replaced with the Performance Work Statement proposed by the successful offeror.

I. Purpose:

The purpose of this requirement is to alert Americans to the role of ultra-processed foods in fueling the diabetes epidemic and other chronic diseases, inspire people to take personal responsibility for their diets, and drive measurable improvements in diabetes prevention and national health outcomes.

II. Scope:

The U.S. Department of Health and Human Services (HHS) will launch a series of bold, edgy national campaigns with innovative messaging to inspire and empower Americans to reclaim control over their health. This initiative will challenge individuals to adopt disciplined, lifelong habits—centered on eating real food, physical fitness, and spiritual growth—to build a healthier, stronger nation.

This launch campaign will place a strong emphasis on diabetes. The campaign should be a wake-up call to Americans that eating j. foods dramatically increases the risk of diabetes and chronic disease. The campaign’s creative content will turn heads, create viral moments on social media, and—above all else—inspire Americans to take back their health through eating real food.

The purpose of this requirement is to provide HHS with a bold campaign tailored to diverse geographic, demographic, and socioeconomic audiences. It will include formative research, strategic planning, message testing and development, and delivery across paid, earned, owned, and donated media. Assets may include social media campaign; ads for TV, print and digital; a website designed to integrate future campaign iterations; billboards; transit ads; public service announcements; text/email content; and audience engagement tools—along with outcome evaluation to ensure measurable impact.

Contractors must pitch a compelling strategy for this campaign. This includes creative campaign concepts, e.g. written concept, video, storyboard, and any other campaign concepts the vendor deems significant

HHS may, at its own discretion, provide and require specific advertising concepts for execution by the vendor.

III. Background:

HHS leads the national effort to improve public health. This campaign, part of President Trump’s

Make America Healthy Again agenda, serves that goal by empowering Americans to take control of their health by eating real food.

Over the past decades, the U.S. has seen a decline in overall health outcomes, marked by a sharp rise in chronic disease. Six in 10 Americans suffer from at least one chronic condition, and 4 in

10 have two or more, with diabetes being one of the most significant. Diabetes affects more than

38 million Americans—about 1 in 10—and is a leading cause of serious health complications and death. One in 5 diabetics do not know they have the disease. The impact is clear:

Prevalence: As of 2023, the total prevalence of diabetes among U.S. adults was 15.8%, including 11.3% with diagnosed diabetes and 4.5% undiagnosed.

Prediabetes: An estimated 98 million U.S. adults—more than 1 in 3—and about 1 in 5 adolescents have prediabetes, a condition that significantly increases the risk of developing type 2 diabetes. More than 80% of adults with prediabetes are unaware they have it.

Economic Impact: Diabetes is one of the most expensive chronic conditions in the U.S., with total medical costs and lost productivity reaching $413 billion annually.

Health Risks: Diabetes increases the risk of serious complications, including heart disease, kidney failure, blindness, stroke, and limb amputations.

Life expectancy: Americans live approximately five years less than those in comparable nations. Among U.S. adults aged 50 and older, those with diabetes die approximately 4.6 years earlier and experience disability 6 to 7 years sooner than their peers without diabetes

National security concerns: The Pentagon reports that 77% of young Americans are ineligible for military service due to health-related issues. Diabetes—especially if it is insulin-dependent—is generally disqualifying for enlistment in the military.

These health trends put the nation’s stability, security, and workforce productivity at risk.

This administration is taking bold action to help Americans restore their health and secure our future, starting with the diabetes epidemic.

C.2 Performance Objectives:

1. Inform Americans about the role of ultra-processed food in fueling diabetes:

▪ Create bold, edgy nationwide marketing across mediums that alerts Americans to the fact that eating ultra-processed foods dramatically increases the risk of diabetes (e.g., in similar fashion to the way “stop smoking” campaigns made the clear, direct connection to lung cancer)

▪ Messaging should elicit urgency in response to costs of poor health (e.g., what we eat today could result in facing health struggles later in life or not living long enough to enjoy future family generations)

▪ Target high-risk audiences, such as individuals with prediabetes or poor nutrition habits

▪ HHS may elect to expand the campaign to address the role of ultra-processed food in fueling other chronic diseases

2. Inspire Americans to take back their health:

▪ Create daring, viral messaging to motivate behavior change

▪ Messaging should be direct and unforgettable: Expose the problem, stress the consequences, and deliver the solution with precision

▪ Build audience excitement to adopt healthy habits and track progress

▪ Popularize low-cost, scalable technologies that can help Americans take control of their own health.

▪ Provide a resource hub to equip Americans with the tools for behavior change (e.g., updated Dietary Guidelines)

▪ Increase the level of engagement through interactive components, such as a pledge, to build community across audience segments, and build email acquisition

▪ Promote pride in healthy habits that build a stronger community and a more resilient nation

3. Quantitatively improve health outcomes for the nation:

▪ Must be able to quantitatively measure and demonstrate improved health outcomes in diabetes prevention and clean eating

▪ The Government is more interested in improvements in health outcomes than campaign outputs, e.g., number of media views and engagements, and PWS must include a strong plan to measure changes in health outcomes from baseline

▪ Change public attitudes and knowledge about the role of ultra-processed foods in fueling the diabetes epidemic and other chronic diseases

4. LEADERSHIP BRIEFING – POST AWARD

▪ After contract is awarded, the contractor will be required to deliver a campaign briefing to HHS senior leadership in-person at HHS headquarters (200 Independence Ave SW, Washington, DC 20201). Further instructions will be provided immediately after award.

▪ Briefings shall be held no later than 14 days after instructions are received.

C.3 STATEMENT OF OBJECTIVES– Separate Nonseverable Services Components

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.3.1 SERVICES COMPONENT 1

Purpose: Campaign 1: Ultra-processed Foods, Diabetes, and Chronic Conditions

End Product of Value: Campaign

The contractor shall be responsible for: Executing the campaign pursuant to the agreed upon

Performance Work Statement.

C.3.2 OPTIONS

In addition to the services outlined above, HHS may elect to exercise any or all of the options outlined below at any time during the period of performance.

C.3.2.1 OPTIONAL SERVICES COMPONENT 2

Purpose: Campaign 2: (PROVIDED IF EXERCISED)

C.3.2.2 OPTIONAL SERVICES COMPONENT 3

Purpose: Campaign 3: (PROVIDED IF EXERCISED)

C.3.2.3 OPTIONAL SERVICES COMPONENT 4

Purpose: Campaign 4: (PROVIDED IF EXERCISED)

C.3.2.4 OPTIONAL SERVICES COMPONENT 5

Purpose: Campaign 5: (PROVIDED IF EXERCISED)

C.3.2.5 OPTIONAL SERVICES COMPONENT 6

Purpose: Campaign 6: (PROVIDED IF EXERCISED)

C.4 INFORMATION SECURITY AND/OR PHYSICAL ACCESS SECURITY

REQUIREMENTS

Important Note to Contractor: In the event of a discrepancy between the following language and included HHSAR clauses, the HHSAR clauses take precedence.

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.

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, HHS/OASH 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: [ X] 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/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/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 http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf%22%20/t%20%22_blank http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf%22%20/t%20%22_blank http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf%22%20/t%20%22_blank otherwise have access under this contract. Obtain all applicable security and privacy policies by contacting the CO/COR or HHS/OASH security and/or privacy officials.

c. Privacy Act. Comply with the Privacy Act requirements (when applicable). Some possible scenarios in which the Privacy Act could apply are identified below:

• If the intent is to compare baseline and post-campaign surveys taken by the same individual, that would require assigning a unique link or identifier to differentiate each survey taker so that surveys taken by the same individual at different times could be associated and compared. To avoid unintentionally creating Privacy Act records (records about individuals retrieved by personal identifier), the link or identifier would need to be random and not directly identifying (not, for example, be the survey taker’s email address) and be assigned for purposes of conducting the survey only (not to identify who the particular survey taker is), and must not be included with the survey responses but be used merely to link the survey responses.

• Surveys, pledges, and any lists of trusted sources must avoid collecting or constituting information describing how an individual exercises rights guaranteed by the First

Amendment, unless an exception in 5 U.S.C. § 552a(e)(7) applies. For example, if surveys or pledge forms ask questions about “religion,” they should be anonymous; and a list of trusted sources should be limited to entities to avoid describing how individuals exercise “free speech” rights, or individual trusted sources should provide express consent before being listed.

• If contact information (such as email address or mailing address) is collected from pledge takers or other individuals to distribute badges and other graphic assets to them and the contractor assists in maintaining the contact information in a system of records (a record system from which records about individuals are retrieved by personal identifier), the contractor will have access to Privacy Act records. The applicable System of Records

Notice (SORN) would be 09-90-1901 HHS Correspondence, Comment, Customer

Service, and Contact List Records, 86 FR 12699 (3/4/21).

• If individual influencers or other experts will be recruited/vetted, paid, or enter into an agreement with HHS, and the contractor assists in maintaining recruitment/selection records, payment/tax reporting-related records, or contract/agreement management records about them in a system of records (a record system from which records about individuals are retrieved by personal identifier), the contractor will have access to Privacy

Act records. The applicable System of Records Notices (SORNs) may include: 09-90-

1601 Outside Experts Recruited for Non-FACA Activities, 84 FR 21344 (5/14/19); 09-

90-0024 HHS Financial Management System Records, 80 FR 67767 (11/3/15), updated at 83 FR 6591 (2/14/18);09-90-0025 Central Registry of Individuals Doing Business with

HHS, 47 FR 45514 at 45523 (10/13/82), updated at 59 FR 55845 (11/9/94) and 83 FR

6591 (2/14/18) or 09-90-0411 HHS Consolidated Acquisition Solution (HCAS), 76 FR

21902 (4/19/11), updated at 83 FR 6591 (2/14/18).

Upon completion of contract performance, HHS/OASH will provide instructions to the contractor for securely transferring or destroying, in accordance with NIST SP 800-88, any agency records (including any Privacy Act records) that are in the contractor’s (or any subcontractor’s) custody or control.

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 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 5 business 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.

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

e. Controlled Unclassified Information (CUI). Executive Order 13556 defines CUI as

"information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information." The Contractor

(and/or any subcontractor) must comply with Executive Order 13556, Controlled

Unclassified Information, (implemented at 3 CFR, part 2002) when handling CUI. 32

C.F.R. 2002.4(aa) As implemented the term "handling" refers to "…any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information." 81 Fed. Reg. 63323. The requirements below apply only to nonfederal systems that process, store, or transmit CUI, or that provide security protection for such components. All sensitive information that has been identified as CUI by a regulation or statute, handled by this solicitation/contract, must be:

i. Marked appropriately;

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

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

Information Systems and Organizations applicable baseline if handled by a Contractor system operated on behalf of the agency, or NIST SP 800-171, Protecting Controlled

Unclassified Information in Nonfederal Information Systems and Organizations if handled by internal Contractor system; and

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

88, Guidelines for Media Sanitization.

f. Protection of Sensitive Information. For security purposes, information is or may be sensitive because it requires security to protect its confidentiality, integrity, and/or availability. The Contractor (and/or any subcontractor) must protect all government information that is or may be sensitive by securing it with a solution that is validated with current FIPS 140 validation certificate from the NIST CMVP.

g. Confidentiality and Nondisclosure of Information. Any information provided to the contractor (and/or any subcontractor) by 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).

h. Internet Protocol Version 6 (IPv6). All procurements using Internet Protocol must comply with OMB Memorandum M-21-07, Completing the Transition to Internet

Protocol Version 6 (1Pv6) available at https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf

i. Information and Communications Technology (ICT). ICT products and services from prohibited entities/sources must not be used/acquired in compliance with Public Law

115-232, Section 889 Parts A and B, FAR 4.21, FAR 52.204.23, FAR 52.204.24, and

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

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

Strict Transport Security (HSTS) to instruct compliant browsers to 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.

k. Contract Documentation. The Contractor must use provided templates, policies, forms https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf%22%20/t%20%22_blank https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf%22%20/t%20%22_blank and other agency documents as specified in the contract to comply with contract deliverables as appropriate.

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

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

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

[PHI], proprietary information, etc.) in transit (i.e., email, network connections, etc.) and at rest (i.e., servers, storage devices, mobile devices, backup media, etc.) with encryption solution that is validated with current FIPS 140 validation certificate from the NIST

CMVP.

iii. Secure all devices (i.e.: desktops, laptops, mobile devices, etc.) that store and process government information and ensure devices meet HHS and HHS/OASH-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 within 5 business days of contract award.

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.

m. Contractor Non-Disclosure Agreement (NDA). Each Contractor (and/or any subcontractor) employee having access to non-public government information under this contract must complete the HHS/OASH non-disclosure agreement. The contractor shall request a copy of the HHS/OASH non-disclosure agreement template from the COR, 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/OASH 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 HHS/OASH 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.

http://csrc.nist.gov/publications/

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 and HHS Rules of Behavior for Privileged Users.

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

HHS/OASH 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 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 within 3 calendar days as instructed by the Contracting Officer or designated representative.

iii. Report all suspected and confirmed information security and privacy incidents and breaches to the HHS/OASH Incident Response Team (IRT), ISSO, COR, CO, HHS/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 OASH OS 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/OASH and OS 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.

5. Position Sensitivity Designations

All Contractor (and/or any subcontractor) employees must obtain a background investigation commensurate with their position sensitivity designation that complies with

Parts 1400 and 731 of Title 5, Code of Federal Regulations (CFR). The following position sensitivity designation levels apply to this solicitation/contract:

TIER: 4 INFORMATION SENSITIVITY: High Risk Public Trust

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 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 3 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 and in accordance with the HHS

Contract Closeout Guide (2012).

b. System Documentation. Contractors (and/or any subcontractors) must follow 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 as instructed by the COR. 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 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 HHS/OASH Contractor Employee Separation Checklist (COR will provide a copy of checklist upon request) when an employee terminates work under this contract within 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 HHS/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, the contractor must comply with the HHS Policy for the High

Value Asset (HVA) Program and the DHS HVA Control Overlay in addition to the above requirements. The DHS HVA Control Overlay is available at https://community.max.gov/display/HHS/HHS+CyberSecurity+Policy+Collaboration+P age.

https://community.max.gov/display/HHS/HHS+CyberSecurity+Policy+Collaboration+Page%22%20/t%20%22_blank https://community.max.gov/display/HHS/HHS+CyberSecurity+Policy+Collaboration+Page%22%20/t%20%22_blank

C.5 REQUIREMENTS FOR PROCUREMENTS INVOLVING PRIVACY ACT RECORDS

It has been determined that this contract is subject to the Privacy Act of 1974, because this contract provides for the design, development, or operation of a system of records about individuals from which records are retrieved by name or other identifying particular.

The System of Records Notice that is applicable to this contract is:

09-90-1901 HHS Correspondence, Comment, Customer Service, and Contact List Records, 86

FR 12699 (3/4/21).

09-90-1601 Outside Experts Recruited for Non-FACA Activities, 84 FR 21344 (5/14/19).

09-90-0024 HHS Financial Management System Records, 80 FR 67767 (11/3/15), updated at 83

FR 6591 (2/14/18).

09-90-0025 Central Registry of Individuals Doing Business with HHS, 47 FR 45514 at 45523

(10/13/82), updated at 59 FR 55845 (11/9/94) and 83 FR 6591 (2/14/18).

09-90-0411 HHS Consolidated Acquisition Solution (HCAS), 76 FR 21902 (4/19/11), updated at

83 FR 6591 (2/14/18).

The system of records design, development, or operation work the Contractor is to perform is: Contact information about individual pledge takers and other individuals to whom badges and other graphic assets are distributed

Recruitment/selection records, payment/tax-reporting records, and/or contract/agreement management records about individual influencers/experts engaged to assist in recognizing/promoting the campaign

The disposition to be made of the Privacy Act records upon completion of contract performance is: Upon completion of contract performance, HHS/OASH will provide instructions to the contractor for securely transferring or destroying, in accordance with NIST SP 800-88, any agency records (including any Privacy Act records) that are in the contractor’s (or any subcontractor’s) custody or control.

C.6 PROCUREMENTS INVOLVING GOVERNMENT INFORMATION PROCESSED ON

GOCO OR COCO SYSTEMS

1. Security Requirements for GOCO and COCO Resources

a. Federal Policies. The Contractor (and/or any subcontractor) must comply with applicable federal laws and HHS policies that include, but are not limited to, the HHS Information Security and Privacy Policy (IS2P), NIST SP 800-37, Guide for Applying the Risk Management Framework to Information Systems: A

Security Life Cycle Approach (latest revision), NIST SP 800-53B, Control

Baselines for Information Systems and Organizations, and the NIST SP 800-53A

(latest revision). ; Federal Information Security Modernization Act (FISMA) of

2014, (44 U.S.C. 101); National Institute of Standards and Technology (NIST)

Special Publication (SP) 800-53, latest revision, Security and Privacy Controls for

Information Systems and Organizations; Office of Management and Budget

(OMB) Circular A-130, Managing Information as a Strategic Resource; and other applicable federal laws, regulations, NIST guidance, and Departmental policies.

b. Assessment and Authorization (A&A). A valid authority to operate (ATO) certifies that the Contractor's information system meets the contract's requirements to protect the agency data. If the system under this contract does not have a valid ATO, the Contractor (and/or any subcontractor) must work with the agency and supply the deliverables required to complete the ATO within the two weeks of the start of the contract period of performance. The Contractor must conduct the A&A requirements in accordance with HHS IS2P,NIST SP 800-

37, Guide for Applying the Risk Management Framework to Information Systems:

A Security Life Cycle Approach (latest revision), NIST SP 800-53B, Control

Baselines for Information Systems and Organizations, and the NIST SP 800-53A

(latest revision).

OASH acceptance of the ATO does not alleviate the Contractor's responsibility to ensure the system security and privacy controls are implemented and operating effectively.

i. A&A Package Deliverables - The Contractor (and/or any subcontractor) must provide an A&A package within two weeks of the start of the contract period of performance. The following A&A deliverables are required to complete the A&A package:

▪ System Security Plan (SSP) - due (PROVIDED UPON AWARD)

The SSP must comply with the NIST SP 800-18, Guide for

Developing Security Plans for Federal Information Systems, the

Federal Information Processing Standard (FIPS)

200, Recommended Security Controls for Information Systems, and

NIST SP 800-53, Security and Privacy Controls for Federal

Information Systems and Organizations applicable baseline requirements, and other applicable NIST guidance as well as HHS and [OASH] policies and other guidance. The SSP must be consistent with and detail the approach to IT security contained in the Contractor's bid or proposal that resulted in the award of this contract. The SSP must provide an overview of the system environment and security requirements to protect the information system as well as describe all applicable security controls in place or planned for meeting those requirements. It should provide a structured process for planning adequate, cost-effective security protection for a system. The Contractor must review and update the SSP at least annually thereafter and if requested, provide a copy of the updated SSP.

▪ Security Assessment Plan/Report (SAP/SAR) -due (PROVIDED UPON AWARD). The security assessment must be conducted by OASH/HHS assessor and be consistent with NIST

SP 800-53A, NIST SP 800-30, and HHS and OASH policies. The assessor will document the assessment results in the SAR.

Thereafter, the Contractor, in coordination with [OASH] must assist in the assessment of the security controls and update the SAR at least annually. A copy of the updated SAR should be provided if requested.

▪ Independent Assessment - due (PROVIDED UPON

AWARD). The Contractor (and/or subcontractor) must have an independent third-party validate the security and privacy controls in place for the system(s) commensurate with the risk levels per

NIST SP 800-53B. The independent third party must review and analyze the Security Authorization package, and report on technical, operational, and management level deficiencies as outlined in NIST SP 800-53. The Contractor must address all "high" deficiencies before submitting the package to the

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