A19. Solicitation.doc

PAGE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

75D301-22-R-72181

6. SOLICITATION

ISSUE DATE

03/07/2022

William O'Bryan

b. TELEPHONE NUMBER (No collect calls)

(678) 475-4755

8. OFFER DUE DATE/

LOCAL TIME

04/04/2022

12. DISCOUNT TERMS

FORMTEXT

Centers for Disease Control and Prevention (CDC)

Office of Acquisition Services (OAS)

2900 Woodcock Blvd, MS TCU-4

Atlanta, GA 30341-4004

X UNRESTRICTED

SET ASIDE: FOR

SMALL BUSINESS

SIC:

SIZE STANDARD:

X SEE SCHEDULE

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

Centers for Disease Control and Prevention (CDC)

Office of Acquisition Services (OAS)

2900 Woodcock Blvd, MS TCU-4

Atlanta, GA 30341-4004

CODE

Centers for Disease Control and Prevention (FMO)

PO Box 15580 404-718-8100

Atlanta, GA 30333-0080

TELEPHONE NO.

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

“See Continuation Page”

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

29.

AWARD OF CONTRACT: REFERENCE

DATED

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

FORMTEXT

RECEIVED

32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE 32c. DATE

41a. I CERTIFY THIS AMOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D 42d. TOTAL CONTAINERS

40. PAID BY

AUTHORIZED FOR LOCAL REPRODUCTION

SEE REVERSE FOR OMB CONTROL NUMBER AND PAPERWORK BURDEN STATEMENT STANDARD FORM 1449 (10-95)

TABLE OF CONTENTS

SECTION B - CONTINUATION OF SF1449

This is a severable Firm Fixed Price Line Item.

Period of Performance 12 months. Estimated start date 5/9/2022 1 Job

Option Year 1 Items:

This is a severable Firm Fixed Price Line Item.

Period of Performance 12 months 1 Job

Option Year 2 Items:

This is a severable Firm Fixed Price Line Item.

Period of Performance 12 months 1 Job

B1. Example Milestone Payment Schedule This contract requires a milestone payment schedule. The offeror shall submit a milestone payment schedule with their proposal. This is an example and should reflect milestones described in the offeror’s Performance Work Statement.

Final Strategic Outreach Plan

Final Population Gap Assessment

Attend outreach events with a total of 50 with a total of 100

Host outreach events with a total of 50 potentially eligible persons with a total of 100 potentially eligible persons

Final versions of outreach collateral delivered to NIOSH

Outreach collateral disseminated

Final Report

SECTION C – STATEMENT OF OBJECTIVES

Centers for Disease Control and Prevention (CDC)/National Institute for Occupational Safety and Health (NIOSH)

World Trade Center (WTC) Health Program Outreach and Education Contract

Statement of Objectives (SOO)

I. Background

The September 11, 2001 attacks on the World Trade Center (WTC), the Pentagon, and near Shanksville, Pennsylvania caused thousands of deaths and adversely affected the long-term physical and mental health of an estimated 400,000 survivors and responders. In New York City, the collapse of the WTC towers and burning of adjacent buildings produced a large, dense dust and smoke cloud that spread toxic compounds throughout the surrounding area. Rescue and cleanup activities at all sites exposed workers and volunteers to dangerous conditions and health hazards.

The James Zadroga 9/11 Health and Compensation Act of 2010 established the WTC Health Program to provide monitoring and treatment benefits for emergency responders, recovery, and cleanup workers of the September 11, 2001, terrorist attacks in New York City, at the Pentagon, and in Shanksville, Pennsylvania; and students, residents, building occupants, and area workers who were adversely affected by the September 11, 2001, terrorist attacks in New York City.

The WTC Health Program is administered by the National Institute for Occupational Safety and Health (NIOSH), part of the Centers for Disease Control and Prevention (CDC) in the U.S. Department of Health and Human Services (HHS). The Program works with Clinical Centers of Excellence (CCEs) and a Nationwide Provider Network (NPN) for the medical monitoring and treatment for over 114,000 members nationwide. The Program administers Program policy and covers the costs associated with monitoring and treatment for members. Information on the Program is available at https://www.cdc.gov/wtc.

The Program is a limited-benefit healthcare program: treatment is covered for only a limited set of health conditions and only when a member’s condition is substantially likely to have been aggravated by, contributed to, or caused by the member’s exposures to the 9/11 attacks, or the ensuing dust cloud and toxins. Conditions must be diagnosed by a Program provider and certified by the Program for the provision and payment of treatment to be covered.

To be eligible for the WTC Health Program, applicants must qualify as either Responders or Survivors. Responders include rescue, recovery, and clean-up workers and volunteers in lower Manhattan, at the Pentagon, and at the crash site near Shanksville, PA. Survivors include persons caught in the dust cloud on 9/11 and/or who worked, lived, or attended school, childcare, or adult daycare in the New York City Disaster Area. Individuals must meet specific eligibility requirements for enrollment in the Program. These requirements include types of activities performed during specific time periods surrounding the disaster, locations in which these activities were performed, minimum lengths of time these activities were performed. More details on eligibility criteria are available at https://www.cdc.gov/wtc/eligiblegroups.html.

Experts estimate that around 400,000 people were impacted by the dust cloud and other adverse effects of the attacks in NYC; Program enrollment is currently only approximately 25% of that total. The Program is committed to ensuring all potentially eligible persons are made aware of the Program and the benefits they may be eligible to receive. Certain populations are underrepresented in the Program and may be unaware of the benefits for which they are eligible. The offeror’s proposal must specify one or more of the following underrepresented populations to serve. The offeror’s proposal may include additional populations with justification as to why it is believed the population is underrepresented.

Underrepresented Survivors Examples:

· Spanish-speaking survivors

· Chinese-speaking survivors

· Residents of Lower Manhattan

· Young adult survivors (those who were <21 years old at the time of 9/11) Underrepresented Responders Examples:

· General Responders with a focus on union outreach

· Non-traditional responders (examples include construction workers, volunteers, communication workers, journalists, etc.)

· Spanish-speaking responders

· Pentagon/Shanksville responders II. Scope

The scope of this contract involves engaging services to develop and execute a strategic outreach and education initiative to raise awareness, provide information, and to serve as community resource for enrollment assistance to the WTC Health Program. The following are the Statements of Objectives (SOOs) that shall be addressed by the Outreach and Education contractor.

III. Tasks to be Performed

Objective 1: Conduct outreach to the selected underrepresented population(s) on behalf of the WTC Health Program.

a. Assist in establishing and/or increasing the population(s) awareness of and trust in the Program.

b. Conduct all operations and interactions with respect and sensitivity.

c. Plan comprehensive outreach strategies and perform activities that use a mixed-method approach that allow for measurement of success. The list below includes examples of potential outreach activities and measurements of success.

i. Attend in-person events to reach a total of at least 100 attendees per 12-month period, reporting on the outreach activity performed (e.g., tabling or presentation).

ii. Host in-person outreach events per 12-month period of at least 100 total potentially eligible attendees.

iii. Develop and disseminate print and digital marketing materials (fact sheets, matte articles, social posts/videos, etc.) focused on the selected population(s) in appropriate locations for the selected target population.

a. Track and report metrics as applicable.

iv. Develop, promote, and place (paid and donated) PSAs on relevant radio, television, print, or digital/social channels in the relevant language for the selected target population(s).

a. Track and report pitches, outlets, successful placements, air times, etc.

v. Additional outreach campaign/activities that leverage outreach contractor’s skills, experience, and expertise in a creative and measurable way with a focus on the selected population(s).

d. Track performance of the outreach effort to the selected population(s) and subsets of the population(s) through relevant metrics based on the proposed approach, for example:

i. Attendance/contact made at events and through other outreach activities.

ii. Best estimate of contact to engagement conversion.

iii. Program-related materials distributed at outreach event.

iv. Digital and print metrics, including, website visits, impressions, reach, click-throughs, placements, and circulation numbers.

v. Other trackable metrics as proposed by vendor.

Objective 2: Educate individuals of the selected underrepresented population(s) on the WTC Health Program and eligibility criteria.

a. Assist individuals of the selected population(s) with understanding Program eligibility requirements. The purpose is to reduce the number of ineligible or incomplete applications and to mitigate any misunderstanding of eligibility requirements.

i. Contractor is expected to become well-versed in Program eligibility, benefits, and services to be able to convey nuances and complexities of the Program. Government Furnished Training will be conducted as part of kicking off the contract.

b. Educate the selected population(s) on Program benefits and services to avoid future misunderstanding about the Program after enrollment, and to assist with word-of-mouth outreach efforts.

c. Engage the selected population(s) in ongoing feedback to gather, assess, and adapt outreach and education approaches. Report learned best practices to reach the selected population(s) back to the Program as part of regular reporting requirements.

Objective 3: Assist individuals from the selected population(s) with questions regarding their Applications for Enrollment in the WTC Health Program.

a. Provide paper applications to individuals in the identified population(s) and/or direct them to the Program’s online application.

b. Upon request, offer informational assistance and guidance to individuals in the identified population(s) in filling out their application. Assistance should be respectful of applicants’ personally identifiable information (PII) and must not include possession or retention of any PII related to an application. In addition, the contractor shall not create, receive, maintain, or transmit any protected health information (PHI) as part of its enrollment assistance for applicants.

c. Direct individuals on submitting applications to the Program by appropriate means (i.e., mail, fax, online application portal).

d. Track and report on general enrollment assistance metrics, for example, but not limited to:

i. Number of potential applicants assisted at a specific event.

ii. Assistance calls or email inquiries fielded during a reporting period.

iii. Education sessions and/or individual meetings.

iv. Applications submitted by potential members that interacted with the contractor.

v. Vendors shall propose useful metrics based upon their expertise and proposed contract tasks

Objective 4: Assess and identify the needs of the selected population during the performance of the contract based upon efforts made

a. Describe the unique needs of reaching the selected population(s).

b. Describe the barriers to reaching this population and attempts made to reach this population.

c. Describe successful and unsuccessful attempts to reach the population

d. Describe recommendation on reaching this population.

e. Describe changes that will be made to the outreach plan based on the challenges faced during the period of performance.

IV. Deliverables

Contractor shall submit the following reports to the Government as part of contract performance in addition to the task deliverables (dates subject to change based on start date of award):

Updated Strategic Outreach Plan due 60 calendar days before the end of each period based on findings from population gap assessment and feedback from performance period.

Note: For any proposed changes to population service during the performance period, the contractor shall submit a draft of the proposed change to the outreach plan at least 30 calendar days before proposed changes would be scheduled to take effect.

*The following materials will be delivered to contractor after award for print and distribution at the contractor’s expense:

· Outreach packet (including enrollment information)

· Fact sheets and brochures available at: www.cdc.gov/wtc/print-materials.html

· PowerPoint with Program information Report Documentation

(1) Monthly Progress Reports

The contractor shall prepare and submit a Monthly Progress Report in using a template provided by WTCHP Communication Unit which shall contain technical progress and include information on, but not limited to, the following: Evaluation Plan for upcoming outreach activities, evaluation of completed outreach and education efforts and their effectiveness, Audience Analysis/Stakeholder/Focus Group Meetings, and Ad Hoc queries, including those from the media. The Monthly Progress Report shall include metrics on enrollment assistance including, but not limited to, the number of enrollment interactions, how many of those interactions were in a group setting versus one-on-one, whether the contractor believes any of the persons interacted with would not be eligible for the WTC Health Program and describing such situations, whether the events were online or in the local community, and any trends or issues of note. If the contractor did not assist anyone during that quarter, they must explain why.

The Monthly Progress Report shall include sufficient detail to disclose all work started and completed during the reporting period, an indication of any current problems which may impede performance, the proposed corrective action, and the work forecast for the next period(s).

(2) Final Report

The contractor shall submit a draft of the Final Report within sixty days (60) business days prior to completion of the contract performance period. The WTCHP Communications Unit shall provide a Final Report template. The WTCHP will review the draft and return comments to contractor. The final version of the report shall be due 7 business days after the WTCHP returns comments. The final report shall provide comprehensive details of the project, summarize all of the major project activities, and document and summarize all services rendered during the entire contract including recommendations and conclusions based on the experience and results obtained.

The document shall evaluate the activity in the past year. The contractor should include, but is not limited to, reports on metrics from the past year, a discussion on the approach(es) success, any changes to approach methodology, and lessons learned.

The lessons learned section should include the population gap assessment information from this period of performance. It must address any mistakes made and how the contractor fixed them, any major trends or changes in the population or population service, and best practices learned from serving the population. Best practices should include, but are not limited to, the population’s most important needs, noteworthy cultural/group dynamics needed for effective interaction, and the most successful channels, methods, and/or approaches used to communicate with the population. This section should also include recommendations for future outreach to this population.

At the end of the contract the Final Report shall address the full contract period and include all metrics and lessons learned from the year(s) of the contract.

Report Submission

All reports shall be e-mailed to the Contracting Officer/Contract Specialist and the Contracting Officer’s Representative (COR).

V. Place of Performance:

Performance will take place at vendor’s location.

Publications and audiovisual products must be cleared and approved by the WTC Health Program Communications Unit and/or the NIOSH Office of the Associate Director of Communication. Adherence to WTC Health Program logo use and co-branding standards is required.

Use of the NIOSH and/or CDC logo is not allowed for WTC Health Program outreach without express written permission from NIOSH and/or CDC. Award of this contract does not constitute written consent for use of logos.

VI. Information Security and/or Physical Access Security Baseline Security Requirements

1) Applicability. The requirements herein apply whether the entire contract or order (hereafter “contract”), or portion thereof, includes either or both of the following:

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

b. Operate a Federal System Containing Information: A Contractor (and/or any subcontractor) employee will operate a federal system and information technology containing data that supports the HHS mission. In addition to the Federal Acquisition Regulation (FAR) Subpart 2.1 definition of “information technology” (IT), the term as used in this section includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.

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

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

(1) 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;

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

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

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

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

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

3) Information Security Categorization. In accordance with FIPS 199 and National Institute of Standards and Technology (NIST) Special Publication (SP) 800-60, Volume II: Appendices to Guide for Mapping Types of Information and Information Systems to Security Categories, Appendix C, and based on information provided by the ISSO, CISO, or other security representative, the risk level for each Security Objective and the Overall Risk Level, which is the highest watermark of the three factors

(Confidentiality, Integrity, and Availability) of the information or information system are the following:

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

[X] No PII [ ] Yes PII

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

PII Confidentiality Impact Level has been determined to be: [X] Low [ ] Moderate [ ] High

5) Controlled Unclassified Information (CUI). CUI is defined as “information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information.” The Contractor (and/or any subcontractor) must comply with Executive Order 13556, Controlled Unclassified Information, (implemented at 32 CFR, part 2002) when handling CUI. 32 C.F.R. 2002.4(aa) As implemented the term “handling” refers to “…any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information.” 81 Fed. Reg. 63323. All sensitive information that has been identified as CUI by a regulation or statute, handled by this solicitation/contract, shall be:

a. marked appropriately;

b. disclosed to authorized personnel on a Need-To-Know basis;

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

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

6) Protection of Sensitive Information. For security purposes, information is or may be sensitive because it requires security to protect its confidentiality, integrity, and/or availability. The Contractor (and/or any subcontractor) shall protect all government information that is or may be sensitive in accordance with OMB Memorandum M-06-16, Protection of Sensitive Agency Information by securing it with a FIPS 140-2 validated solution.

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

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

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

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

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

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

9) Government Websites. All new and existing public-facing government websites must be securely configured with Hypertext Transfer Protocol Secure (HTTPS) using the most recent version of Transport Layer Security (TLS). In addition, HTTPS shall enable HTTP Strict Transport Security (HSTS) to instruct compliant browsers to assume HTTPS at all times to reduce the number of insecure redirects and protect against attacks that attempt to downgrade connections to plain HTTP. For internal-facing websites, the HTTPS is not required, but it is highly recommended.

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

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

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

b. Encrypt all sensitive federal data and information (i.e., PII, protected health information [PHI], proprietary information, etc.) in transit (i.e., email, network connections, etc.) and at rest (i.e., servers, storage devices, mobile devices, backup media, etc.) with FIPS 140-2 validated encryption solution.

c. Secure all devices (i.e.: desktops, laptops, mobile devices, etc.) that store and process government information and ensure devices meet HHS and CDC-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).

d. Verify that the encryption solutions in use have been validated under the Cryptographic Module Validation Program to confirm compliance with FIPS 140-2. The Contractor shall provide a written copy of the validation documentation to the COR.

e. Use the Key Management system on the HHS personal identification verification (PIV) card or establish and use a key recovery mechanism to ensure the ability for authorized personnel to encrypt/decrypt information and recover encryption keys. Encryption keys shall be provided to CDC Office of Chief Information Security Officer (OCISO).

12) Contractor Non-Disclosure Agreement (NDA). Each Contractor (and/or any subcontractor) employee having access to non-public government information under this contract shall complete the CDC non- disclosure agreement, as applicable. A copy of each signed and witnessed NDA shall be submitted to the Contracting Officer (CO) and/or CO Representative (COR) prior to performing any work under this acquisition.

13) Non-Commercial and Open Source Computer Software Procurements. The Contractor (and/or any subcontractor) shall follow secure coding best practice requirements, as directed by the United States Computer Emergency Readiness Team (US-CERT) specified standards and the Open Web Application Security Project (OWASP) that will limit system software vulnerability exploits. (NOTE: If this procurement involves handling of sensitive information, include language from Section 2 above.)

14) Information Technology Application Design, Development, or Support.

1) The Contractor (and/or any subcontractor) shall ensure IT applications designed and developed for end users (including mobile applications and software licenses) run in the standard user context without requiring elevated administrative privileges. 2) The Contractor (and/or any subcontractor) shall follow secure coding best practice requirements, as 25 Purchasing of Noncommercial Computer Software and Open Source Licenses (2012) information may be found at http://www.hhs.gov/ocio/policy/purchasing_noncommercial_computer_software.html 26 OMB M-04-16, Software Acquisition, July 1, 2004, may be found at https://obamawhitehouse.archives.gov/omb// CDC Implementation of HHS Security and Privacy Language for Information and Information Technology Procurements Language, Version 1.0 Page 36 Office of the Chief Information Security Officer (OCISO) directed by United States Computer Emergency Readiness Team (US-CERT) specified standards and the Open Web Application Security Project (OWASP), that will limit system software vulnerability exploits. 3) The Contractor (and/or any subcontractor) shall ensure that computer software developed on behalf of HHS or tailored from an open-source product, is fully functional and operates correctly on systems configured in accordance with government policy and federal configuration standards. The contractor shall test applicable products and versions with all relevant and current updates and patches updated prior to installing in the HHS environment. No sensitive data shall be used during software testing. 4) The Contractor (and/or any subcontractor) shall protect information that is deemed sensitive from unauthorized disclosure to persons, organizations or subcontractors who do not have a need to know the information. Information which, either alone or when compared with other reasonably-available information, is deemed sensitive or proprietary by HHS shall be protected as instructed in accordance with the magnitude of the loss or harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the data. This language also applies to all subcontractors that are performing under this contract. 5) The Contractor (and/or any subcontractor) shall remediate all risks or vulnerabilities immediately after the risks or vulnerabilities have been identified in the software.

15) Privacy Threshold Analysis (PTA)/Privacy Impact Assessment (PIA) – The Contractor shall assist the CDC Senior Official for Privacy (SOP) or designee with conducting a PTA for the information system and/or information handled under this contract in accordance with HHS policy and OMB M-03-22, Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002.

a. The Contractor shall assist the CDC SOP or designee in reviewing the PIA at least every three years throughout the system development lifecycle (SDLC)/information lifecycle, or when determined by the CDC SOP that a review is required based on a major change to the system (e.g., new uses of information collected, changes to the way information is shared or disclosed and for what purpose, or when new types of PII are collected that could introduce new or increased privacy risks), whichever comes first.

Training

1) Mandatory Training for All Contractor Staff. All Contractor (and/or any subcontractor) employees assigned to work on this contract shall complete the applicable HHS/CDC Contractor Information Security Awareness, Privacy, and Records Management training (provided upon contract award) before performing any work under this contract. Thereafter, the employees shall complete CDC Security Awareness Training (SAT), Privacy, and Records Management training at least annually, during the life of this contract. All provided training shall be compliant with HHS training policies.

2) 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 (RBT) within 60 days of assuming their new responsibilities. Thereafter, they shall complete RBT at least annually in accordance with HHS policy and the HHS Role-Based Training (RBT) of Personnel with Significant Security Responsibilities Memorandum.

All HHS employees and contractors with SSR who have not completed the required training within the mandated timeframes shall have their user accounts disabled until they have met their RBT requirement.

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

Rules of Behavior

1) The Contractor (and/or any subcontractor) shall ensure that all employees performing on the contract comply with the HHS Information Technology General Rules of Behavior.

2) 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 CDC 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.

Incident Response

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

2) A privacy breach is a type of incident and is defined by Federal Information Security Modernization Act (FISMA) as the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where (1) a person other than an authorized user accesses or potentially accesses personally identifiable information or (2) an authorized user accesses or potentially accesses personally identifiable information for an other than authorized purpose.

OMB Memorandum M-17-12, “Preparing for and Responding to a Breach of Personally Identifiable Information” (03 January 2017) states:

Definition of an Incident:

1) 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.

Definition of a Breach:

2) 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.

It further adds:

1) A breach is not limited to an occurrence where a person other than an authorized user potentially accesses PII by means of a network intrusion, a targeted attack that exploits website vulnerabilities, or an attack executed through an email message or attachment. A breach may also include the loss or theft of physical documents that include PII and portable electronic storage media that store PII, the inadvertent disclosure of PII on a public website, or an oral disclosure of PII to a person who is not authorized to receive that information. It may also include an authorized user accessing PII for an other than authorized purpose.

The HHS Policy for IT Security and Privacy Incident Reporting and Response further defines a breach as “a suspected or confirmed incident involving PII”.

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

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

2) All contractors and subcontractors shall properly encrypt PII in accordance with OMB Circular A-130 and other applicable policies, including CDC-specific policies, and comply with HHS-specific policies for protecting PII. To this end, all contractors and subcontractors shall protect all sensitive information, including any PII created, stored, or transmitted in the performance of this contract so as to avoid a secondary sensitive information incident with FIPS 140-2 validated encryption.

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

4) All contractors and subcontractors shall report a suspected or confirmed breach in any medium as soon as possible and no later than 1 hour of discovery, consistent with applicable CDC IT acquisitions guidance, HHS/CDC and incident management policy, and United States Computer Emergency Readiness Team (US-CERT) notification guidelines. To this end, the Contractor (and/or any subcontractor) shall respond to all alerts/Indicators of Compromise (IOCs) provided by HHS Computer Security Incident Response Center (CSIRC) or CDC Computer Incident Response Team (CSIRT) within 24 hours via email at csirt@cdc.gov or telephone at 866-655-2245, whether the response is positive or negative.

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

6) All contractors and subcontractors shall allow for an inspection, investigation, forensic analysis, and any other action necessary to ensure compliance with HHS/CDC Policy and the HHS/CDC Breach Response Plan and to assist with responding to a breach.

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

8) Identify roles and responsibilities, in accordance with HHS/CDC Breach Response Policy and the HHS/CDC Breach Response Plan. To this end, the Contractor shall NOT notify affected individuals unless and until so instructed by the Contracting Officer or designated representative. If so instructed by the Contracting Officer or representative, all notifications must be pre-approved by the appropriate CDC officials, consistent with HHS/CDC Breach Response Plan, and the Contractor shall then send CDC- approved notifications to affected individuals; and,

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

Position Sensitivity Designations

1) (a) At minimum, all long term (6 months or more) contractors seeking physical and/or logical access to CDC facilities and information systems need to be willing to complete a National Agency Check with Written Inquires (NACI) Investigation. The submission or completion of this investigation enables a contractor to receive a HHS Smartcard (PIV).

Homeland Security Presidential Directive (HSPD)-12

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

Roster. The Contractor (and/or any subcontractor) shall submit a roster by name, position, e-mail address, phone number and responsibility of all staff working under this acquisition where the Contractor will develop, have the ability to access, or host and/or maintain a government information system(s). The roster shall be submitted to the COR and/or CO by the effective date of this contract. Any revisions to the roster as a result of staffing changes shall be submitted immediately upon 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 shall provide a position description and the Government will determine the appropriate suitability level.

Contract Initiation and Expiration

1) General Security Requirements. The Contractor (and/or any subcontractor) shall comply with information security and privacy requirements, Enterprise Performance Life Cycle (EPLC) processes, HHS Enterprise Architecture requirements to ensure information is appropriately protected from initiation to expiration of the contract. All information systems development or enhancement tasks supported by the contractor shall follow the HHS EPLC framework and methodology and in accordance with the HHS Contract Closeout Guide (2012).

2) System Documentation. Contractors (and/or any subcontractors) must follow and adhere to NIST SP 800-64, Security Considerations in the System Development Life Cycle, at a minimum, for system development and provide system documentation at designated intervals (specifically, at the expiration of the contract) within the EPLC that require artifact review and approval.

3) Sanitization of Government Files and Information. As part of contract closeout and at expiration of the contract, the Contractor (and/or any subcontractor) shall provide all required documentation 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.

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

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

6) The Contractor (and/or any subcontractor) shall perform and document the actions identified in the CDC Out-Processing Checklist (http://intranet.cdc.gov/od/hcrmo/pdfs/hr/Out_Processing_Checklist.pdf) when an employee terminates work under this contract. All documentation shall be made available to the CO and/or COR upon request.

Records Management and Retention

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

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

Deliverables

date of this contract

Privacy Threshold Analysis

(PTA)/ Privacy Impact Assessment (PIA)

reasonable delay and no later than 1 hour of discovery

Disposition/Decommission Plan At contract expiration.

SECTION D - CONTRACT CLAUSES

C.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://acquisition.gov/far/current/html/FARTOCP52.html#wp372482

FAR

HHSAR

C.2 Full Text:

FAR 52.212-5 -- Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division…