CPSS BOA SOW.pdf

Checkpoint Property Screening Systems (CPSS) Basic Order Agreement (BOA)

Statement of Work (SOW)

1. Executive Summary

1.1 The Transportation Security Administration (TSA) is responsible for protecting the Nation’s transportation systems to ensure the freedom of movement for people and commerce. In order to meet its mission within the aviation transportation environment, TSA will implement a layered security approach specifically focusing on technology and processes utilized in and near the passenger screening checkpoint to deter and mitigate existing and evolving risks and threats, employing multiple solution resources to screen passengers and their carry-on baggage. This approach multiplies the value of each capability creating a stronger and more formidable system.

TSA’s Acquisition Program Management (APM) identifies, tests, procures, deploys, and sustains equipment to detect threats concealed on passengers and their accessible property as they enter the screening checkpoint. TSA’s passenger screening checkpoint is divided into three (3) separate capability areas:

People Screening: Equipment with the capability to detect threats carried by or concealed on the passenger’s body.

Property Screening: Equipment with the capability to detect concealed threats on or in the passenger’s carry-on baggage.

Layered Security: Incorporate layers of services and technologies into an integrated security solution.

Current property screening technologies are limited in their ability to reliably and efficiently detect new and evolving threats to civil aviation. TSA currently uses Advanced Technology (AT) X-rays as the primary screening system at passenger screening checkpoints to screen divested accessible property. TSA has a need to detect a broader range of homemade explosives and greatly reduced threat mass, reduce false alarm rates, automate detection for explosive threats and prohibited items, enable remote image screening, provide the ability for passengers to leave liquids and laptops in bags, and automated conveyance of personal property. The most impactful property screening technology available today is the Computed Tomography (CT) system as it can automate much of the threat detection function while enhancing security effectiveness. CT systems offer an enhanced imaging platform compared to AT X-ray systems and can be upgraded to automatically detect a broader range of threats. Additionally, TSA plans to integrate CT systems with an automated tracking and diverter system to automatically divert bags identified for alarm resolution.

The CPSS Program, previously reported as the Accessible Property Screening System (APSS), is an information technology program and investment. Prior to CPSS Program standup there was an urgent need identified to procure CT systems. In order to fulfill this need, the AT/CT project was established under the legacy AT Program. On December 13, 2018, the Acquisition Review Board (ARB) approved TSA’s request to procure up to 300 CT systems under the AT Program, primarily at Last Point of Departure airports. In parallel with deployment of the initial CT systems, TSA is standing up the CPSS program to enhance threat detection algorithms, ingress/egress, and networking capabilities that are not currently present in systems being procured under the AT/CT project. The CPSS acquisition strategy will leverage previously initiated studies and demonstrations of CPSS technologies as modified Commercial Off-The-Shelf (COTS) solutions with custom developed software.

2. Purpose

The purpose of the requirement is to provide TSA with Checkpoint Property Screening Systems, simulators, program management, warranties, configuration management services, shipping, and installation. All other associated labor, materials, and travel required to meet the requirements of this Statement of Work shall be provided by the Contractors across multiple increments and purchases.

3. Background

3.1 Currently, there are over 2,100 AT X-ray systems fielded at 450+ airports nationwide to screen carry-on items. These systems are nearing their estimated useful lifespan of ten (10) years. TSA has identified a need within the CPSS Mission Needs Statement approved August 2017 to fulfill the following capability gaps:

Increase efficiency of existing accessible property screening capabilities;

Provide continuous control and tracking of divested property; and Improve security effectiveness through technology upgrades or replacement.

The CPSS Program will address current capability gaps, emerging requirements, and comply with federal mandates to advance TSA beyond its existing capabilities by deploying an improved aviation security infrastructure for the screening of accessible property. The TSA mission capability will be significantly marginalized without this investment. Specifically, potential for mission failure arises from the following key concerns:

Risk to passenger safety and commercial aircraft with existing AT-2 X-ray screening technology limitations;

Capability gaps will continue to persist;

Core technology underpinning currently-deployed equipment offers limited opportunities for enhancement and will remain in operation beyond the planned service life;

Longer-term strategic efforts to optimize carry-on baggage technologies and processes will not be pursued, resulting in barriers to risk-based screening and cybersecurity implementation;

Ability to automate detection of all threats, both explosives and prohibited items, to maximize security effectiveness and operational efficiencies will not be achieved; and

Economic harm to the airline industry and diminished passenger satisfaction may arise should excessive wait times be experienced by passengers during seasonal or other rush periods.

3.2 The CPSS program will apply an incremental approach to rapidly deploy new technology/capabilities. In parallel, emerging technology development, machine learning, and human factor research efforts are being pursued in coordination with the TSA offices of Requirements and Capabilities Analysis (RCA), Information Technology (IT), and Security Operations in furtherance of this incremental approach. Additionally, TSA will continue to work on developing specific algorithms that target threats identified through intelligence gathering. CPSS equipment must be capable of evolving and accommodating detection and performance capability enhancements to the maximum extent possible prior to undergoing full AT-2 X-ray system replacement and disposal.

3.3 The CPSS program technology allows transportation security officers (TSOs) to identify threats concealed in passenger carry-on items prior to entering the sterile area of the airport terminal through the passenger screening checkpoint. This screening activity minimizes the risk of personal injury or death, and the damage to, or loss of property, due to acts of terrorism or criminal activity directed towards aviation transportation. These threats include, but are not limited to explosives, weapons, and other prohibited items. To achieve this mission, deployed CPSS capabilities must, at a minimum:

Automatically detect commercial, military, home-made explosives, and explosive precursors when present in accessible property at or above quantities that are threats to aircraft;

Automatically detect Liquid, Aerosol, and Gel (LAG) container volumes when present in accessible property at or above quantities that are threats to aircraft;

Automatically detect firearms, firearm parts, and sharps when present in accessible property;

Enable accurate identification and tracking of accessible property to maintain positive bag control;

Minimize operator complexity in threat adjudication;

Provide the operational capacity to absorb the increasing number of passengers so that each passenger can traverse security within ten (10) minutes of entering the queue;

Operate at a passenger checkpoint and accommodate a wide variety of screening protocols; and

Integrate into the TSA enterprise using a sound cybersecurity approach and architecture.

3.4 TSA will continuously evolve CPSS technology in the following areas by applying an incremental approach:

Expand the detection capability of the systems in order to achieve the full list of threats identified in the detection standard.

Enhance system capabilities to better support operators, monitoring and sustainment activities, and system of systems integration.

3.5 CPSS technology will be flexible and allow for the integration of software and hardware changes. CPSS incremental enhancements will be deployed throughout the program lifecycle and adhere to updated functional requirements that are traceable to the Accessible Property Screening Systems (APSS) Operational Requirements Document (ORD).

4.0 TSA Requirements

4.1 TSA-RQMTS; Packaging and Marking Requirements for Transportation Security Screening Equipment under production and/or existing maintenance services (SEP 2020)

A. Government Property Management For existing Government Property under this contract, the Contractor shall not relocate and/or ship Government Property without prior notification to and approval from the Government Property Administrator (GPA). The GPA has authority only to provide instructions concerning the relocation and shipment of such property and required government paperwork. These instructions do not constitute a “change” to the contract’s requirements within the meaning of that term as defined by the “Changes” clause of this contract. The Contracting Officer’s Representative (COR) shall be included on all correspondence between the Contractor and GPA.

B. Packaging and Marking

The Contractor shall preserve, pack, and mark all supplies to be furnished under this contract in accordance with standard practices as defined in ASTM-D-3951 (Standard Practice for Commercial Packaging) for the packaging of supplies and equipment for shipment or storage.

The Contractor shall ensure that packaging meets Department of Transportation/ International Aviation Transport Association standards outlined in 49 CFR and is sufficient to prevent damage or deterioration to supplies and ensure packaging can sustain more than one shipment to minimize cost to the government. The Contractor shall be fully liable for any damage, diminution in value, or losses incurred during shipment, handling, and installation that is attributed to improper packaging.

The Contractor shall report any loss, stolen, or damaged equipment within 24 hours of the incident, along with an incident report as described herein. In addition, if this contract is to acquire new Transportation Security Equipment (TSE) or provides qualifying peripherals (defined as those meeting the acquisition cost threshold of $5,000.00 or that have the ability to store Sensitive Security Information (SSI)) in support of a repair under a maintenance contract, the Contractor shall ensure a “TSA Form 251/251-1 – Vendor Shipping and Receiving Report” is processed and included in each shipment. Existing equipment shall include a Department of Defense (DoD) “Requisition and Invoice/Shipping Document” Form 1149 in accordance to contract specifications.

C. Marking of Deliverables

The Contractor shall mark all deliverables on the outside of the packaging with the following:

1. TSA Contract and/or Order Number and modification number, if applicable

2. Contractor’s Name and Address

3. List of Contents

4. Date of Submittal

D. Storage Requirements

If this contract is to acquire TSE or provides qualifying peripherals in support of a repair under a maintenance contract, the Contractor shall identify any unique storage requirements for the unit(s) and related equipment. All materials will be packaged and marked in accordance with ASTM-D-3951. In addition, each unit, intermediate, and exterior container will be clearly marked to identify contents.

E. Marking of Reports

The Contractor shall mark all reports as follows:

1. TSA Contract and/or Order Number and modification number, if applicable

2. Report Title

3. Date of submittal

4. Distribution

F. Equipment/Parts Shipping Requirements

If this contract is to acquire TSE or provides qualifying peripherals in support of a repair under a maintenance contract: Upon award, the Contractor shall request TSA barcodes from the GPA. Prior to packaging, the Contractor shall ensure TSA barcode(s) are physically attached on the units and peripherals each meeting the acquisition cost threshold of $5,000.00 or that have the ability to store SSI. The Contractor shall request exact placement instructions of TSA barcodes with the GPA and COR.

The balance of the term applies to equipment and maintenance. The Contractor shall coordinate all inbound and outbound shipments and moves of government property with the GPA and the COR. The Contractor shall ship units F.O.B Destination for locations within the United States and U.S. Territories (if not instructed otherwise by the Contracting Officer in advance to ship elsewhere). The Contractor shall provide the Government with tracking information for all government property in transit.

The Contractor shall clearly identify the serial number on several sides of the crate/package. The Contractor shall notify the GPA if the equipment does not have a barcode. The serial number shall be clearly identified on the top and at least two sides of the crate/package.

The Contractor shall provide the following documents when shipping systems:

Safety Data Sheet in accordance with Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) (29 CFR 1910.1200(g) and Federal Acquisition Regulation (FAR) 52.223-3 – Hazardous Material Identification and Material Safety Data; and Federal Standard No. 313, Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities; or an official letter affirming that the shipment does not contain radioactive/hazmat materials

Standard Configuration Report which shall include the following:

o Picture of the Equipment o Manufacturer o Model Number o Description o Standard (TSA Barcode Number, Acquisition Costs, Peripherals, Allocated Other

Direct Cost, Expensed, etc.)

o Networking & Integration Equipment

If a contract/order is modified to have the Contractor upgrade the system, to provide additional equipment or provide qualifying peripherals in support of a repair under a maintenance contract, an updated configuration report must be submitted.

“Vendor Shipping and Receiving Report” (TSA Form 251/251-1) o The Contractor shall complete and submit TSA Form 251 to the GPA no later than one business day after successful Factory Acceptance Test (FAT) and a revised TSA Form 251 upon successful Site Acceptance Test (SAT).

o The contractor shall complete and submit TSA Form 251 to the GPA no later than one business day after successful Operational Readiness Test (ORT) for hardware upgrades/replacements over the $5,000 threshold or have the ability to store SSI.

o The Contractor shall complete and submit a TSA Form 251-1 (as needed) for additional equipment associated with the main unit.

o Equipment being replaced or refurbished (threshold of $5,000.00 and above) must be identified on the TSA Form 251 (by manufacturer, make, model, serial number, and TSA barcode number). The TSA Form 251 must also identify the equipment being replaced by manufacturer, make, model, serial number, and TSA barcode number).

Department of Defense (DoD) “Requisition and Invoice/Shipping Document” Form DD- 1149. A DD-1149, most current version, is required on all government-owned equipment being moved by the Contractor (this excludes the initial shipment from the OEM after FAT). The Contractor shall email this form to the GPA and COR for approval 3-5 business days prior to the movement of TSA equipment. The form shall include an itemized listing with description, make, model, serial number, full TSA barcode (if applicable), and contract/order number.

o The subject line of the email and the DD-1149 file name shall both follow the below structure.

1) From airport to depot: SerialNumber_Dateinblock5_ Site/location code

_to_OEMName (e.g. 30787 21JUN2016 LRD to “OEM name”.docx;

21020041010 17JUNE2016 ORD to “OEM name”.docx).

2) From depot to airport: SerialNumber_Dateinblock5_ OEMName_to_Site/location code (e.g.

54371 27JUN2016 “OEM name” to MHT; 53491_23Jun2016_”OEM name” to DVL).

Block_1) From: Full Name Location including and Site Code_Full Shipping Address and 2 POCs (Name, Email Address, and Telephone Number)

Block_2) To: Full Name Location including and Site Code_Full Shipping Address and 2 POCs (Name, Email Address, and Telephone Number)

Block_3) Ship To: Mark For: (Only used to hold equipment for temporary storage location within one business day.)

Block_4) Appropriation Symbol and Subhead: Manufacturer, make, model, SN#/TSA barcode number/condition code; quantity, type of container, container numbers

Block_5) Requisition Date: (Always the date the document is being sent) Block_7) Date Material Required: (Date equipment needs to be at designation) Block_8) Priority (e.g. Standard or Expedite) Block_9) Authority or Purpose: (Contract Number and/or Task Order Number; TSA

Loan Agreement (if applicable)) Block_12) Date Shipped: (Always the date equipment shipped) Block_13) Mode of Shipment: Ground and or Water (E.g. Carrier Name, Driver’s Name, Driver’s Cell Number, Truck Number, Trailer Number) Block_18) Issued By: (Full Name of Person completing DD-1149), (Total containers, type of containers, description, total weight)

The Contractor is responsible for safeguarding government property at all times until the Government takes possession in shipment, warehouses, manufacturer’s depot, and/or loading/unloading to/from site locations including installations/decommissions, as applicable.

The Contractor shall submit an incident report (including pictures) to the Contracting

Officer, COR, and GPA for any government property loss, damage, destruction, or theft (from negligence, misuse, dishonesty, or willful destruction) within 24 hours of the incident.

The Contractor incident report shall, at a minimum, contain the following information:

1. Date of Incident

2. OEM/Manufacturer, Make, Model, Serial Number (if applicable), TSA Barcode Number

(if applicable) (e.g. #057000000xxxxxx), Condition Code (e.g. 1 = New (never been installed), 4 = Used (installed at least once), 7 = Need Evaluation/Repair or X = Final Disposition/Disposal), Requisition and Invoice/Shipping Document/Government Paperwork, and quantity

3. Contract and/or Order Number

4. Cause and Corrective Action taken or to be taken to prevent recurrence

5. Copies of all supporting documentation (including pictures)

6. Last known location of the property

7. A statement that the property did or did not contain hazardous material, and if so, that the appropriate agencies were notified.

4.2 TSA-RQMTS; TRANSPORTATION SECURITY EQUIPMENT PROPERTY

MANAGEMENT CONTACT (SEP 2020)

The Government Property Administrator: The Government Property Administrator (GPA) for Transportation Security Equipment (TSE) is responsible for documenting and accounting for all property purchased under this contract. The GPA is the TSA point of contact for any questions concerning government property. The GPA has authority only to provide instructions concerning the relocation and shipment of such property. These instructions do not constitute a “change” to the contract’s requirements within the meaning of that term as defined by the “Changes” clause of this contract. The Contracting Officer’s Representative (COR) shall be included on all correspondence between the Contractor and GPA.

TSA Government Property Administrator for TSE

Email address:

TSA_APM_Government_Property_Management@tsa.dhs.gov

4.3 TSA-RQMTS; CONTRACTOR PERSONNEL ACCESS TO TSA FACILITIES,

INFORMATION AND/OR SYSTEMS (SEP 2020)

A. All Contractor personnel requiring access to TSA facilities, information systems, and/or information will be subject to the security procedures set forth in this contract.

B. All contractor employees seeking to provide services to TSA under a TSA contract are subject to a fitness determination to assess whether their initial employment or continued employment on a TSA contract protects or promotes the efficiency of the agency. TSA, by and through the Law Enforcement/Federal Air Marshal Service’s, Personnel Security Section (PerSec), will allow a contractor employee to commence work on a TSA contract only if a review of the contractor employee’s preliminary background check is favorable. Contractor employees with unfavorable preliminary background checks will not be allowed to work on a TSA contract.

C. A fitness determination involves the following three phases:

1. Phase 1: Enter On Duty Fitness Determination: a review of a contractor employee’s consumer credit report, criminal history records, and submitted security forms to determine, to the extent possible, if the contractor employee has bad debt and/or criminal offenses and/or falsification issues that would prohibit employment as a TSA contractor.

This determination may include verification of citizenship for contractor employees born outside of the United States. A favorable Enter On Duty Suitability Determination is not a final fitness determination; rather, it is a preliminary review of external data sources that allows the contractor employee to commence work prior to the required background investigation being completed.

When a contractor employee is deemed eligible to commence work on a TSA contract, TSA PerSec will notify the appropriate Contracting Officer’s Representative (COR) of the favorable determination. Similar notifications will be sent when a contractor employee has not passed the preliminary background check and has been deemed unsuitable.

2. Phase 2: Background Investigation: Once the contractor employee commences work on a TSA contract, TSA PerSec will process all submitted security forms to determine whether the contractor has previously been the subject of a federal background investigation sufficient in scope to meet TSA minimum investigative requirements.

Contractor employees who have a federal investigation sufficient in scope will immediately be processed for final fitness adjudication. Those contractor employees who do not have a previous federal background investigation sufficient in scope will be scheduled for the appropriate level background investigation through the submission of their security forms to the Office of Personnel Management (OPM).

3. Phase 3: Final Fitness Adjudication: TSA PerSec will complete the final fitness determination after receipt, review, and adjudication of the completed OPM background investigation. The final fitness determination is an assessment made by TSA PerSec to determine whether there is reasonable expectation that the continued employment of the TSA contractor will or will not protect or promote the efficiency of the agency. An unfavorable final fitness determination will result in a notification to the COR that the contractor employee has been deemed unfit for continued contract employment and that he/she shall be removed from the TSA contract.

D. The period of performance may begin 60 days after contract award to allow for the Enter On Duty Fitness Determination. A contract modification shall be executed to revise the period of performance once the determination process is completed. For Fixed price awards, in the event of staggered completed determinations the parties may negotiate fixed monthly rates so that performance can begin with partial staff.

E. Whenever personal identity verification (PIV) cards are required for issuance or re-issuance to contractor personnel for authorized access to Government facilities, under the guidance of the Contracting Officer’s Representative (COR), the Contractor is responsible for making all arrangements for affected Contractor personnel to report in-person at the nearest Government issuing facility to initiate and complete procedures for PIV card issuance. The Government will not be able to provide PIV card issuance at any other locations than those officially designated as available. PIV card issuing facilities that are available for the completion of this requirement for TSA contractors are as listed by the TSA Personnel Security Section, and the COR will advise the Contractor about Government PIV card issuing facility locations that are nearby the contractor’s location(s) of performance that will be potentially available for card issuance when required.

F. Computer Access Agreement. All Contractor employees (users, managers, and operators of the TSA network) must sign TSA Form 1403, Computer Access Agreement. A copy of which shall be provided to the TSA contracting officer’s representative for retention for the duration of the contract.

G. Personnel Security.

1. Privileged access users are individuals who have access to an information technology (IT) system with privileges of Administrator or above and have access to sensitive network infrastructure data. Privileged access users will be appropriately screened on entry into the privileged access position and the initial screening shall be refreshed every two years,

2. Individuals terminating voluntarily or involuntarily from a Contractor performing under contract at TSA must have an exit briefing, conducted by a supervisory or management-level employee of the Contractor in order to identify and explain their post-employment responsibilities to the TSA.

3. Records of exit interviews will be signed and maintained by the Contractor as part of the individual employment record for a period of not less than two years following the termination of the individual’s employment.

Failure of any Contractor personnel to pass a background investigation, without timely substitution that meets the contracts requirements, may be grounds for termination of the contract.

H. Non-Disclosure Agreements.

1. All TSA contractor employees and consultants must execute a DHS Form 11000-6, Sensitive But Unclassified Information Non-Disclosure Agreement (NDA) upon initial assignment to TSA and before being provided access to TSA “sensitive and/or mission critical information.” The original NDA will be provided to the TSA contracting officer’s representative for retention for the duration of the contract.

2. The Contractor, and those operating on its behalf, shall adhere to the requirements of the non-disclosure agreement unless otherwise authorized in writing by the Contracting Officer.

All Contractor personnel with TSA IT accounts requiring unescorted access to TSA facilities, information systems, or information will be required to complete Workplace Violence Prevention training available through the TSA Online Learning Center. The course, entitled “Preventing Workplace Violence at TSA” shall be completed within 60 days of onboarding.

4.4 TSA-RQMTS; SECURITY REQUIREMENTS FOR HANDLING PERSONALLY

IDENTIFIABLE INFORMATION AND PRIVACY INCIDENT REPONSE (SEP 2020)

A. Definitions.

1. “Breach” (may be used interchangeably with “Privacy Incident’) as used in this term means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to Personally Identifiable Information, in usable form whether physical or electronic.

2. “Personally Identifiable Information (PII)” as used in this term means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States. Examples of PII include: name, date of birth, mailing address, telephone number, Social Security Number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), Internet protocol addresses, biometric identifiers (e.g., fingerprints), photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

3. “Sensitive Personally Identifiable Information (Sensitive PII)” as used in this term is a subset of Personally Identifiable Information, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Complete social security numbers (SSN), alien registration numbers (A-number) and biometric identifiers (such as fingerprint, voiceprint, or iris scan) are considered Sensitive PII even if they are not coupled with additional PII.

Additional examples include any groupings of information that contains an individual’s name or other unique identifier plus one or more of the following elements:

a. Driver’s license number, passport number, or truncated SSN (such as last 4 digits)

b. Date of birth (month, day, and year)

c. Citizenship or immigration status

d. Financial information such as account numbers or Electronic Funds Transfer Information

e. Medical Information

f. System authentication information such as mother’s maiden name, account passwords or personal identification numbers (PIN)

Other Personally Identifiable information may be “sensitive” depending on its context, such as a list of employees with less than satisfactory performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains Personally Identifiable Information but it is not sensitive.

B. Systems Access. Work to be performed under this contract requires the handling of Sensitive PII. The Government may elect to conduct random periodic reviews to ensure that the security requirements contained in this contract are being implemented and enforced. The contractor shall provide the Government access to, and information regarding the contractor’s systems, when requested by the Government, as part of its responsibility to ensure compliance with security requirements, and shall otherwise cooperate with the Government in assuring compliance with such requirements. Government access shall include independent validation testing of controls, system penetration testing by the Government, Federal Information Security Management Act (FISMA) data reviews, and access by agency Inspectors General for its reviews.

C. Systems Security.

1. In performing its duties related to management, operation, and/or access of systems containing Sensitive PII under this contract, the contractor, its employees and subcontractors shall comply with applicable security requirements described in the most current versions of DHS Sensitive System Publication 4300A and TSA Information Assurance (IA) Handbook or any replacement publication and rules of conduct as described in TSA Management Directive (MD) 3700.4.

2.All Contractor-operated systems that input, store, process, output, and/or transmit SPII shall meet or exceed the continuous monitoring requirements identified in the Fiscal Year 2014 DHS Information Security Performance Plan, or successor publication. The plan is updated on an annual basis. The Contractor shall also store monthly continuous monitoring data at its location for a period not less than one year from the date the data is created. The data shall be encrypted with at least Advanced Encryption Standard (AES)- 256 or higher in accordance with FIPS 140-2 Security Requirements for Cryptographic Modules and shall not be stored on systems that are shared with other commercial or Government entities. The Government may elect to perform continuous monitoring and IT security scanning of Contractor systems from Government tools and infrastructure.

3. Use of contractor-owned laptops or other media storage devices to process or store PII is prohibited under this contract until the contractor provides, and the contracting officer in coordination with CISO approves, written certification by the contractor that the following requirements are met:

a. Laptops employ encryption with at least AES-256 or higher using a NIST Federal Information Processing Standard (FIPS) 140-2 or successor approved product;

b. The contractor has developed and implemented a process to ensure that security and other applications software are kept current;

c. Mobile computing devices utilize anti-viral software and a host-based firewall mechanism;

d. When no longer needed, all removable media and laptop hard drives shall be processed (i.e., sanitized, degaussed, or destroyed) in accordance with DHS and TSA security and disposition requirements.

e. The contractor shall maintain an accurate inventory of devices used in the performance of this contract;

f. Contractor employee training requirements are covered in FAR 52.224-3.

g. All Sensitive PII obtained under this contract shall be removed from contractor-owned information technology assets upon termination or expiration of contractor work. Removal must be accomplished in accordance with DHS Sensitive System Publication 4300A and TSA Information Assurance Handbook, which the contracting officer will provide upon request. Certification of data removal or data disposition will be performed by the contractor’s Project Manager and written notification confirming certification will be delivered to the contracting officer within 15 days of termination/expiration of contractor work.

D. Data Security.

1. Contractor shall limit access to the data covered by this term to those employees and subcontractors who require the information in order to perform their official duties under this contract.

2. The contractor, contractor employees, and subcontractors must physically secure Sensitive PII when not in use and/or under the control of an authorized individual, and when in transit to prevent unauthorized access or loss. When Sensitive PII is no longer needed or required to be retained under applicable Government records retention policies, it must be destroyed through means that will make the Sensitive PII irretrievable. The contractor shall only use Sensitive PII obtained under this contract for purposes of the contract, and shall not collect or use such information for any other purpose without the prior written approval of the contracting officer. At expiration or termination of this contract, the contractor shall turn over all Sensitive PII obtained under the contract that is in its possession to the Government.

3. The Contractor’s invoicing, billing, and other recordkeeping systems maintained to support financial or other administrative functions shall not maintain Sensitive PII. It is acceptable to maintain in these systems the names, titles and contact information for the COR or other Government personnel associated with the administration of the contract, as needed.

E. Breach Response. The contractor agrees that in the event of any actual or suspected breach of SPII (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), it shall immediately, and in no event later than one hour of discovery, report the breach to the Contracting Officer, the Contracting Officer’s Representative (COR), and the TSA Director of Privacy Policy & Compliance (TSAprivacy@tsa.dhs.gov<mailto:TSAprivacy@tsa.dhs.gov>). The contractor is responsible for positively verifying that notification is received and acknowledged by at least one of the foregoing Government parties. The report of a breach shall not, by itself, be interpreted as evidence that the contractor failed to provide adequate safeguards for SPII.

Award fee contracts:

1.For any portions of this contract that involve an award fee, the contractor may be awarded no award fee for any evaluation period in which there is a breach of privacy or security, including any loss of sensitive data or equipment containing sensitive data. Lost award fee due to a breach of privacy or security may not be allocated to future evaluation periods.

2.For any portions of this contract that involve an award fee, to ensure that the final award fee evaluation at contract completion reflects any breach of privacy or security in an interim period, the overall award fee pool shall be reduced by the amount of the fee available for the period in which the breach occurred if a zero fee determination was made because of a breach of privacy or security.

F. Personally Identifiable Information Notification Requirement.

1. The contractor shall have in place procedures and the capability to promptly notify any individual whose Sensitive PII was, or is reasonably believed to have been, breached, as determined appropriate by the Government. The method and content of any notification by the contractor shall be coordinated with, and subject to the prior approval of the Government, based upon a risk-based analysis conducted by the Government in accordance with DHS Privacy Incident Handling Guidance.

Notification shall not proceed unless the Government has determined that: (i) notification is appropriate; and (ii) would not impede a law enforcement investigation or jeopardize national security.

Subject to Government analysis of the breach and the terms of its instructions to the contractor regarding any resulting breach notification, a method of notification may include letters to affected individuals sent by first class mail, electronic means, or general public notice, as approved by the Government. At minimum, a notification should include: (i) a brief description of how the breach occurred; (ii) a description of the types of personal information involved in the breach; (iii) a statement as to whether the information was encrypted or protected by other means; (iv) steps an individual may take to protect themselves; (v) what the agency is doing, if anything, to investigate the breach, to mitigate losses, and to protect against any further breaches; and (vi) point of contact information identifying who affected individuals may contact for further information.

2. In the event that a PII breach occurs as a result of the violation of a term of this contract by the contractor or its employees, the contractor shall, as directed by the contracting officer and at no cost to the Government, take timely action to correct or mitigate the violation, which may include providing notification and/or other identity protection services to affected individuals for a period not less than18 months from discovery of the breach. Should the Government elect to provide and/or procure notification or identity protection services in response to a breach, the contractor will be responsible for reimbursing the Government for those expenses.

G. Pass-Through of Security Requirements to Subcontractors. The contractor agrees to incorporate the substance of this term, its terms and requirements, in all subcontracts under this contract, and to require written subcontractor acknowledgement of same. Violation by a subcontractor of any provision set forth in this term will be attributed to the contractor.

4.5 TSA RQMTS: REQUIREMENTS FOR HANDLING SENSITIVE SECURITY

INFORMATION (SSI) (JUN 2021)

Pursuant to 49 U.S.C. § 114(r), Sensitive Security Information and Nondisclosure of Security Activities, Sensitive Security Information (SSI) is a category of sensitive but unclassified (SBU) information that must be protected because it is information that, if publicly released, would be detrimental to the security of transportation. Under 49 Code of Federal Regulations Section 1520.5(a), the SSI Regulation also provides additional reasons for protecting information as SSI beyond the condition that the release of the information would be detrimental to the security of transportation. TSA, however, primarily uses the criterion of “detrimental to the security of transportation” when determining whether information is SSI.

Title 49 of the Code of Federal Regulations, Part 1520 defines the scope, categorization, handling requirements and disposition of information deemed SSI (http://ecfr.gpoaccess.gov/). Persons authorized to access specific SSI (i.e., covered persons) include those contracted to DHS or TSA with a need-to-know basis for specific information in the course of fulfilling their TSA contractual obligations. TSA may deliver SSI materials to the Contractor. Also, materials created by the Contractor may require SSI designation and protection, and the Contractor has the responsibility to identify such materials to TSA as possible SSI. For guidance while working on TSA and DHS matters, see the TSA SSI Application Guide, 2011_04_01 for identifying the type of information covered by the regulation.

For purposes of this requirement, the term “Contractor” shall include an individual or other legal entity who performs work for or on behalf of TSA or DHS under a contract, interagency agreement, or other transaction agreement. Such contracts include, but are not limited to, contracts between any non-Federal entity and/or TSA or DHS and subcontracts, joint venture agreements, and teaming agreements between any non-Federal entity and another non-Federal entity to perform work related to the primary contract with the TSA or DHS.

While SSI is not classified national security information subject to the handling requirements governing classified information, it is subject to certain legal disclosure limitations. To ensure regulatory compliance, the Contractor shall be subject to the following requirements and include this entire requirement as flow-down in subcontracts, etc.:

(a) Handling and Safeguarding. The TSA Contractor shall safeguard and handle any SSI in accordance with the policies and procedures outlined in 49 C.F.R. Part 1520, as well as the DHS and TSA policies and procedures for handling and safeguarding SSI. These safeguarding procedures shall include SSI recognition, identification and marking of materials that possibly contain SSI, including Contractor-created materials, as well as following restrictions on disclosure, storage, handling, sharing, dissemination and destruction of SSI. The Contractor, without exception, shall place this requirement in all subcontracts, joint venture agreements, and teaming agreements related to the performance of this contract.

(b) Non-Disclosure Agreements (NDAs). DHS Form 11000-6, NDAs are required to be signed by all Contractor personnel when access to SSI is necessary for performance of the contract. By signing the NDA, the recipient certifies in writing that they will take the necessary steps to prevent the unauthorized disclosure and use of information.

(c) Request for Access to SSI materials. Pursuant to 49 C.F.R. § 1520.9(a)(3), the Contractor must contact SSI@tsa.dhs.gov for guidance on handling requests to access to SSI (before using SSI materials) for any other purpose besides activities falling within the scope of the contract by other persons, including requests from experts, consultants, and legal counsel (“requesters”) hired by the Contractor. The Contractor shall include the Contracting Officer (CO) and Contracting Officer Representative (COR) as a carbon copy “cc” recipient of its contact to SSI@tsa.dhs.gov . The TSA SSI Office must first make a determination as to whether the requesters are a “covered person” with a “need to know” under 49 C.F.R. §§

1520.7 and 1520.11. Special request processing and handling requirements apply to Contractor employees who may be foreign nationals. The Contractor must clearly identify any employees who are not US citizens who are otherwise requested to have access to SSI;

the requirements of TSA Management Directive 2810.3 “Management of Foreign Access to Sensitive Information” apply.

(d) Training and Certification. All Contractor personnel who are covered persons with a need-to- know basis must complete the TSA-mandated SSI Awareness Training course prior to accessing SSI, and on an annual basis for the duration of the contract or for the duration of the requester’s need for access to SSI, whichever is later. Contractor personnel must also review and adhere to the SSI Quick Reference Guide for DHS Employees and Contractors. The Contractor shall certify to the Contracting Officer annually that all covered persons have completed the mandated SSI training, that all SSI policies and procedures have been followed, and that those individuals with access understand their responsibilities to protect the information.

(e) Breach. In accordance with 49 C.F.R. § 1520.9(c), the Contractor agrees that in the event of any actual or suspected breach of SSI (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the Contractor shall immediately, and in no event later than one hour of discovery, report the breach to the Contracting Officer and the COR. The Contractor is responsible for positively verifying that notification is received and acknowledged by at least one of the foregoing Government officials.

In the event that an SSI breach occurs as a result of the violation of a term of this contract by the Contractor or its employees, or the Contractor’s covered persons, the Contractor shall, as directed by the Contracting Officer and at no cost to the Government, without delay correct or mitigate the violation.

For unauthorized disclosure of SSI, the Contractor and Contractor's employees and Contractor’s covered persons may also be subject to civil penalties and other consequences as set forth in 49

CFR § 1520.17.

4.6 TSA-RQMTS; CONTINGENCY AND/OR CONTINUITY OF OPERATIONS SUPPORT

OF TRANSPORTATION SECURITY ADMINISTRATION OPERATIONS (SEP 2020)

A. Background. The Transportation Security Administration (TSA) is a component of the Department of Homeland Security (DHS) and is responsible for the security of the nation’s transportation system. This includes not only the security screening operations conducted for passenger air travel, but also security operations protecting air cargo and shipping, surface and other transportation modes including rail, and pipelines and other transportation infrastructure. To those ends, the TSA must be able to respond quickly to incidents, and increase and re-constitute its operational posture (“continuity of operations”) in response to threats and the possibility of actual attacks upon or disruption to government operations or national infrastructure. The TSA has an internal capacity to establish and operate Critical Incident Management Groups in response to a specific, TSA-only incident, or as a part of larger DHS operation due to orders from the DHS Secretary, or due to increased threat levels under the National Terrorism Advisory System, or federal operations up to and including responsibilities assigned under the National Response Framework. To these ends, the TSA must be able to count upon a correlated contractor capability to surge capacity in response to incidents or quickly re-constitute capability to recover from a catastrophe. Accordingly, TSA contractors must be prepared and able to provide surge capacity and to reconstitute operational capability to perform under contract as required in response to an emergency.

B. Definitions. The meaning of specific contingency or emergency-related terms herein proceeds from those definitions within the National Response Framework and are available from the National Response Framework Resource Center glossary at http://www.fema.gov/emergency/nrf/.

C. Force and effect of this requirement. Without regard to the extent that the Contractor’s actual responses in order to meet the requirements of this term may be necessitated by occurrences or conditions as described in the “Excusable Delays” paragraph of FAR 52.212-4, “Contract Terms and Conditions—Commercial Items” clause or those described in the FAR 52.249-14, “Excusable Delays” clause (or such related conditions as described in other clauses, such as the FAR 52.249-8 “Default (Fixed-Price Supply and Service),” 52.249-9 “Default (Fixed- Price Research and Development),” and/or FAR 52.249-10 (Fixed-Price Construction),” if included in the contract), the Contractor shall provide surge capacity, re-establish functions, and reconstitute capability and performance under this contract as quickly as possible in response to an incident and/or as ordered by the Contracting Officer.

D. Response functions and capabilities. The Contractor shall establish and maintain the following capabilities as a requirement of this contract.

1. Continuity of Operations (COOP) Plan. The Contractor shall establish a written continuity of operations plan in accordance with “Continuity Guidance Circular 1 (CCG1), Continuity Guidance for Non-Federal Agencies” of January 2009. In general, COOP plans must be designed in order to:

a) Minimize loss of life, injury, and property damage.

b) Mitigate the duration, severity, or pervasiveness of disruptions that do occur.

c) Achieve the timely and orderly resumption of essential functions and the return to normal operations.

d) Protect essential facilities, equipment, records, and assets.

e) Be executable with or without warning.

f) Meet the operational requirements of the TSA. Continuity plans need to be operational within minutes of activation, depending on the essential function or service, but certainly should be operational no later than 12 hours after activation.

g) Meet the sustainment needs of the TSA. An organization may need to plan for sustained continuity operations for up to 30 days or longer, depending on resources, support relationships, and the respective continuity strategy adopted.

h) Ensure the continuous performance of essential functions and operations during an…