Exhibit 7 Safeguarding Contract Language.pdf

PDF 413 KB Posted

Attached to
Workers Compensation Insurance Administration Services
Solicitation number
RFP - 171 - 240000001469
Issued by
Ingham County, Lansing City, Michigan

About this file

The document is Exhibit 7 Safeguarding Contract Language, which contains requirements for contractors handling Federal Tax Information (FTI) under a government contract. The key requirements include: maintaining a list of authorized personnel, restricting use of FTI to only what is necessary for contract performance, securing storage and disposal of FTI, notifying personnel of criminal and civil penalties for unauthorized access or disclosure, and allowing government inspections for compliance. The contractor must flow down these FTI safeguarding requirements to any approved subcontractors.

The contract language also specifies the government's inspection rights, the contractor's responsibilities for incident reporting and response, and the government's ability to void the contract if the contractor fails to meet the FTI safeguarding terms.

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Other files

File Type Posted
IRS Publication 1075.pdf PDF
Schedule A Statement of Work.docx DOCX document
Schedule C Insurance Requirements.docx DOCX document
Proposal Instructions Vendor Questions Worksheet.docx DOCX document
Schedule B - Pricing.xlsx XLSX spreadsheet
Schedule F File Layout.doc DOC document
Hybrid Contract Terms.docx DOCX document
Schedule D Service Level Agreements for Hybrid Purchases.docx DOCX document
Schedule G Section 2 Software Table.xlsx XLSX spreadsheet
240000001469 WC Questions Answers.pdf PDF
Department of Treasury Safeguard Requirements of Confidential Tax Data.doc DOC document
Schedule E Data Security Requirements for Hybrid Purchases.docx DOCX document
Schedule H Service Availability Report.xlsx XLSX spreadsheet
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Exhibit 7 Safeguarding Contract Language

I. PERFORMANCE

In performance of this contract, the Contractor agrees to comply with and assume responsibility for compliance by officers or employees with the following requirements:

(1) All work will be performed under the supervision of the contractor.

(2) The contractor and c ontractor’s officers or employees to be authorized access to FTI must meet background check requirements defined in IRS Publication 1075. The contractor will maintain a list of officers or employees authorized access to FTI. Such list will be provided to the agency and, upon request, to the IRS.

(3) FTI in hardcopy or electronic format shall be used only for the purpose of carrying out the provisions of this contract. FTI in any format shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Inspection or disclosure of FTI to anyone other than the contractor or the contractor’s officers or employees authorized is prohibited.

(4) FTI will be accounted for upon receipt and properly stored before, during, and after processing. In addition, any related output and products require the same level of protection as required for the source material.

(5) The contractor will certify that FTI processed during the performance of this contract will be completely purged from all physical and electronic data storage with no output to be retained by the contractor at the time the work is completed. If immediate purging of physical and electronic data storage is not possible, the contractor will certify that any FTI in physical or electronic storage will remain safeguarded to prevent unauthorized disclosures.

(6) Any spoilage or any intermediate hard copy printout that may result during the processing of FTI will be given to the agency. When this is not possible, the contractor will be responsible for the destruction of the spoilage or any intermediate hard copy printouts and will provide the agency with a statement containing the date of destruction, description of material destroyed, and the destruction method.

(7) All computer systems receiving, processing, storing, or transmitting FTI must meet the requirements in IRS Publication 1075. To meet functional and assurance requirements, the security features of the environment must provide for the managerial, operational, and technical controls. All security features must be available and activated to protect against unauthorized use of and access to FTI.

(8) No work involving FTI furnished under this contract will be subcontracted without the prior written approval of the IRS.

(9) Contractor will ensure that the terms of FTI safeguards described herein are included, without modification, in any approved subcontract for work involving FTI.

(10) To the extent the terms, provisions, duties, requirements, and obligations of this contract apply to performing services with FTI, the contractor shall assume toward the subcontractor all obligations, duties and responsibilities that the agency under this contract assumes toward the contractor, and the subcontractor shall assume toward the contractor all the same obligations, duties and responsibilities which the contractor assumes toward the agency under this contract.

(11) In addition to the subcontractor’s obligations and duties under an approved subcontract, the terms and conditions of this contract apply to the subcontractor, and the subcontractor is bound and obligated to the contractor hereunder by the same terms and conditions by which the contractor is bound and obligated to the agency under this contract.

(12) For purposes of this contract, the term “contractor” includes any officer or employee of the contractor with access to or who uses FTI, and the term “subcontractor” includes any officer or employee of the subcontractor with access to or who uses FTI.

(13) The agency will have the right to void the contract if the contractor fails to meet the terms of FTI safeguards described herein.

II. CRIMINAL/CIVIL SANCTIONS

(1) Each officer or employee of a contractor to whom FTI is or may be disclosed shall be notified in writing that FTI disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and t hat further disclosure of any FTI for a purpose not authorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or both, together with the costs of prosecution.

(2) Each officer or employee of a contractor to whom FTI is or may be accessible shall be notified in writing that FTI accessible to such officer or employee may be accessed only for a purpose and to the extent authorized herein, and that access/inspection of FTI without an official need-to-know for a purpose not authorized herein constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000 or imprisonment for as long as 1 year, or both, together with the costs of prosecution.

(3) Each officer or employee of a contractor to whom FTI is or may be disclosed shall be notified in writing that any such unauthorized access, inspection or disclosure of FTI may also result in an award of civil damages against the officer or employee in an amount equal to the sum of the greater of $1,000 for each unauthorized access, inspection, or disclosure, or the sum of actual damages sustained as a result of such unauthorized access, inspection, or disclosure, plus in the case of a willful unauthorized access, inspection, or disclosure or an unauthorized access/inspection or disclosure which is the result of gross negligence, punitive damages, plus the cost of the action. These penalties are prescribed by IRC sections 7213, 7213A and 7431 and set forth at 26 CFR 301.6103(n)-1.

(3) Additionally, it is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C.

552a(i)(1), which is made applicable to contractors by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

(4) Granting a contractor access to FTI must be preceded by certifying that each officer or employee understands the agency’s security policy and procedures for safeguarding FTI. A contractor and each officer or employee must maintain their authorization to access FTI through annual recertification of their understanding of the agency’s security policy and procedures for safeguarding FTI. The initial certification and recertifications must be documented and placed in the agency's files for review. As part of the certification and at least annually afterwards, a contractor and each officer or employee must be advised of the provisions of IRC sections 7213, 7213A, and 7431 (see Exhibit 4, Sanctions for Unauthorized Disclosure, and Exhibit 5, Civil Damages for Unauthorized Disclosure). The training on the agency’s security policy and procedures provided before the initial certification and annually thereafter must also cover the incident response policy and procedure for reporting unauthorized disclosures and data breaches. (See Section 10) For the initial certification and the annual recertifications, the contractor and each officer or employee must sign, either with ink or electronic signature, a confidentiality statement certifying their understanding of the security requirements.

III. INSPECTION

The IRS and the Agency, with 24 hour notice, shall have the right to send its inspectors into the offices and plants of the contractor to inspect facilities and operations performing any work with FTI under this contract for compliance with requirements defined in IRS Publication 1075. The IRS’ right of inspection shall include the use of manual and/or automated scanning tools to perform compliance and vulnerability assessments of information technology (IT) assets that access, store, process or transmit FTI. Based on the inspection, corrective actions may be required in cases where the contractor is found to be noncompliant with FTI safeguard requirements.

IRS Mission Statement
Office of Safeguards Mission Statement
Office of Safeguards Vision Statement
Highlights for November 2021 Revision
Security and Privacy Control Table
INTRODUCTION
General
Overview of Publication 1075
SAFEGUARD RESOURCES
Safeguards Website
Safeguards Mailbox
KEY DEFINITIONS
Federal Tax Information
Return and Return Information
Personally Identifiable Information (PII)
Information Received from Taxpayers or Third Parties
Access
Cloud Computing
Inadvertent Access
Inadvertent Disclosure
Incidental Access
Unauthorized Access
Unauthorized Disclosure
Need-to-Know
Adverse Action
Disciplinary Action
Personnel Sanction
1.0 FEDERAL TAX INFORMATION, REVIEWS and OTHER REQUIREMENTS
1.1 General
1.2 Authorized Use of FTI
1.3 Secure Data Transfer
1.4 State Tax Agency Limitations
1.5 Coordinating Safeguards within an Agency
1.6 Safeguard Reviews
1.6.1 Before the Review
1.6.2 During the Review
1.6.3 After the Review
1.7 Termination of FTI
1.7.1 Agency Request
1.7.1.1 Termination Documentation
1.7.1.2 Archiving FTI Procedure

1.7.2 FTI Suspension, Termination and Administrative Review

1.8 Reporting Improper Inspections or Disclosures
1.8.1 Terms
1.8.1.1 Data Incident
1.8.1.2 Data Breach
1.8.2 General
1.8.3 Office of Safeguards Notification Process
1.8.4 Incident Response Procedures
1.8.5 Incident Response Notification to Impacted Individuals
1.9 Disclosure to Other Persons
1.9.1 General
1.9.2 Authorized Disclosure Precautions
1.9.3 External Personnel Security
1.9.4 Disclosing FTI to Contractors or Sub-Contractors
1.9.5 Re-Disclosure Agreements
1.10 Return Information in Statistical Reports
1.10.1 General
1.10.2 Making a Request under IRC § 6103(j)
1.10.3 State Tax Agency Statistical Analysis
2.0 PHYSICAL SECURITY REQUIREMENTS
2.A Recordkeeping Requirement – IRC § 6103(p)(4)(A)
2.A.1 General
2.A.2 Logs of FTI (Electronic and Non-Electronic Receipts)
Figure 1 – Sample FTI Logs
2.A.3 Converted Media
2.A.4 Recordkeeping of Disclosures to State Auditors
2.B Secure Storage – IRC § 6103(p)(4)(B)
2.B.1 General
2.B.2 Minimum Protection Standards
Table 1 – Minimum Protection Standards
2.B.3 Restricted Area Access
2.B.3.1 Visitor Access Logs
Figure 2 – Visitor Access Log
2.B.3.2 Authorized Access List
2.B.3.3 Controlling Access to Areas Containing FTI
2.B.3.4 Control and Safeguarding Keys and Combinations
2.B.3.5 Locking Systems for Secured Areas
2.B.4 FTI in Transit
2.B.4.1 Security During Office Moves
2.B.5 Physical Security of Computers, Electronic and Removable Media
2.B.6 Media Off-Site Storage Requirements
2.B.7 Alternate Work Site
2.B.7.1 Equipment
2.B.7.2 Storing Data
2.B.7.3 Other Safeguards
2.C Restricting Access – IRC § 6103(p)(4)(C)
2.C.1 General
2.C.2 Policies and Procedures
2.C.3 Background Investigation Minimum Requirements
2.C.3.1 Background Investigation Requirement Implementation
2.C.4 Personnel Actions
2.C.4.1 Personnel Transfer
2.C.4.2 Personnel Sanctions
2.C.4.3 Personnel Termination
2.C.5 Commingling of FTI
2.C.5.1 Commingling of Electronic Media
2.C.6 Access to FTI via State Tax Files or Through Other Agencies
2.C.7 Offshore Operations
2.C.8 Controls Over Processing
2.C.8.1 Agency-owned and Operated Facility
2.C.8.2 Agency, Contractor or Sub-Contractor Shared Facilities
2.C.9 Service Level Agreements (SLA)
2.C.10 Review Availability of Contractor and Sub-Contractor Facilities
2.C.11 Restricting Access – Other Disclosures
2.C.11.1 Child Support Agencies—IRC §§ 6103(l)(6), (l)(8) and (l)(10)
2.C.11.2 Human Services Agencies—IRC § 6103(l)(7)
2.C.11.3 Deficit Reduction Agencies—IRC § 6103(l)(10)
2.C.11.4 Centers for Medicare and Medicaid Services—IRC § 6103(l)(12)(C)
2.C.11.5 Disclosures under IRC § 6103(l)(20)
2.C.11.6 Disclosures under IRC § 6103(l)(21)
2.C.11.7 Disclosures under IRC § 6103(i)
2.C.11.8 Disclosures under IRC § 6103(m)(2)
2.D Other Safeguards - IRC § 6103(p)(4)(D)
2.D.1 General
2.D.2 Training Requirements
Table 2 – Training Requirements
2.D.2.1 Disclosure Awareness Training
2.D.2.2 Disclosure Awareness Training Products
2.D.3 Internal Inspections and On-Site Reviews
2.D.4 Recordkeeping
2.D.5 Secure Storage
2.D.6 Limited Access
2.D.7 Disposal
2.D.8 Computer Systems Security
2.D.9 Plan of Action and Milestones (POA&M)
2.E Reporting Requirements – IRC § 6103(p)(4)(E)
2.E.1 General
2.E.2 Report Submission Instructions
2.E.3 Encryption Requirements
2.E.4 Safeguards Security Reports (SSR)
2.E.4.1 Initial SSR Submission Instructions – New Agency Responsibilities
2.E.4.2 Agencies Requesting New FTI Data Streams
2.E.4.3 Annual SSR Update Submission Instructions
2.E.4.4 SSR Submission Dates
2.E.5 Corrective Action Plan
2.E.5.1 CAP Submission Instructions
2.E.5.2 CAP Submission Dates
2.E.6 Notification Reporting Requirements
Table 6 – Notification Reporting
2.E.6.1 Cloud Computing
2.E.6.2 Contractor or Sub-Contractor Access
2.E.6.3 Tax Modeling
2.E.6.4 Live Data Testing
2.F Disposing of FTI – IRC § 6103(p)(4)(F)
2.F.1 General
2.F.2 Returning IRS Information to the Source
2.F.3 Destruction and Disposal
2.F.3.1 Media Sanitization
2.F.4 Other Precautions
3.1 General
3.2 Assessment Process
Table 8 – Assessment Methodologies
3.3 Technology-Specific Requirements
3.3.1 Cloud Computing
3.3.2 Email Communications
3.3.3 Facsimile and Facsimile Devices
3.3.4 Mobile Devices
3.3.5 Multifunction Devices (MFDs) and High-Volume Printers (HVPs)
3.3.6 Network Boundary and Infrastructure
3.3.7 Virtual Desktop Infrastructure
3.3.8 Public-Facing Systems
4.0 NIST 800-53 SECURITY AND PRIVACY CONTROLS
4.1 ACCESS CONTROL
AC-1 Access Control Policy and Procedures
AC-2 Account Management
AC-3 Access Enforcement
AC-4 Information Flow Enforcement
AC-5 Separation of Duties
AC-6 Least Privilege
AC-7: Unsuccessful Logon Attempts
AC-8: System Use Notification
AC-11: Device Lock
AC-12: Session Termination
AC-14: Permitted Actions Without Identification or Authentication
AC-17: Remote Access
AC-18: Wireless Access
AC-19: Access Control for Mobile Devices
AC-20: Use of External Systems
AC-21: Information Sharing
AC-22: Publicly Accessible Content
AC-23: Data Mining Protection
4.2 AWARENESS AND TRAINING
AT-1: Awareness and Training Policy and Procedures
AT-2: Awareness Training
AT-3: Role-Based Training
AT-4: Training Records
AT-6: Training Feedback
4.3 AUDIT AND ACCOUNTABILITY
AU-1: Audit and Accountability Policy and Procedures
AU-2: Audit Events
AU-3: Content of Audit Records
AU-4: Audit Storage Capacity
AU-5: Response to Audit Processing Failures
AU-6: Audit Review, Analysis and Reporting
AU-7: Audit Reduction and Report Generation
AU-8: Time Stamps
AU-9: Protection of Audit
AU-11: Audit Record Retention
AU-12: Audit Generation
AU-16: Cross-Organizational Auditing Logging
4.4 ASSESSMENT, AUTHORIZATION AND MONITORING
CA-1: Assessment, Authorization and Monitoring Policy and Procedures
CA-2: Control Assessments
CA-3: Information Exchange
CA-5: Plan of Action and Milestones
CA-6: Authorization
CA-7: Continuous Monitoring
CA-8: Penetration Testing
CA-9: Internal System Connections
4.5 CONFIGURATION MANAGEMENT
CM-1: Configuration Management Policy and Procedures
CM-2: Baseline Configuration
CM-3: Configuration Change Control
CM-4: Security and Privacy Impact Analyses
CM-5: Access Restrictions for Change
CM-6: Configuration Settings
CM-7: Least Functionality
CM-8: System Component Inventory
CM-9: Configuration Management Plan
CM-10: Software Usage Restrictions
CM-11: User-Installed Software
CM-12: Information Location
CM-13: Data Action Mapping
CM-14: Signed Components
4.6 CONTINGENCY PLANNING
CP-1: Contingency Planning Policy and Procedures
CP-2: Contingency Plan
CP-3: Contingency Training
CP-4: Contingency Plan Testing
CP-9: System Backup
CP-10: System Recovery and Reconstitution
4.7 IDENTIFICATION AND AUTHENTICATION
IA-1: Identification and Authentication Policy and Procedures
IA-2: Identification and Authentication (Organizational Users)
IA-3: Device Identification and Authentication
IA-4: Identifier Management
IA-5: Authenticator Management
IA-6: Authenticator Feedback
IA-7: Cryptographic Module Authentication
IA-8: Identification and Authentication (Non-Organizational Users)
IA-9: Service Identification and Authentication
IA-11: Re-Authentication
IA-12: Identity Proofing
4.8 INCIDENT RESPONSE
IR-1: Incident Response Policy and Procedures
IR-2: Incident Response Training
IR-3: Incident Response Testing
IR-4: Incident Handling
IR-5: Incident Monitoring
IR-6: Incident Reporting
IR-7: Incident Response Assistance
IR-8: Incident Response Plan
IR-9: Information Spillage Response
4.9 MAINTENANCE
MA-1: System Maintenance Policy and Procedures
MA-2: Controlled Maintenance
MA-3: Maintenance Tools
MA-4: Nonlocal Maintenance
MA-5: Maintenance Personnel
MA-6: Timely Maintenance
4.10 MEDIA PROTECTION
MP-1: Media Protection Policy and Procedures
MP-2: Media Access
MP-3: Media Marking
MP-4: Media Storage
MP-5: Media Transport
MP-6: Media Sanitization
MP-7: Media Use
4.11 PHYSICAL AND ENVIRONMENTAL PROTECTION
PE-1: Physical and Environmental Policy and Procedures
PE-2: Physical Access Authorizations
PE-3: Physical Access Control
PE-4: Access Control for Transmission
PE-5: Access Control for Output Devices
PE-6: Monitoring Physical Access
PE-8: Visitor Access Records
PE-16: Delivery and Removal
PE-17: Alternate Work Site
4.12 PLANNING
PL-1: Planning Policy and Procedures
PL-2: System Security and Privacy Plans
PL-4: Rules of Behavior
PL-8: Security and Privacy Architectures
4.13 PROGRAM MANAGEMENT
PM-1: Information Security Program Plan
PM-2: Information Security Program Leadership Role
PM-3: Information Security and Privacy Resources
PM-4: Plan of Action and Milestones Process
PM-5: System Inventory
PM-7: Enterprise Architecture
PM-9: Risk Management Strategy
PM-10: Authorization Process
PM-12: Insider Threat Program
PM-14: Testing, Training and Monitoring
PM-18: Privacy Program Plan
PM-19: Privacy Program Leadership Role
PM-21: Accounting of Disclosures
PM-29: Risk Management Program Leadership Roles
4.14 PERSONNEL SECURITY
PS-1: Personnel Security Policy and Procedures
PS-2: Position Risk Designation
PS-3: Personnel Screening
PS-4: Personnel Termination
PS-5: Personnel Transfer
PS-6: Access Agreements
PS-7: External Personnel Security
PS-8: Personnel Sanctions
PS-9: Position Descriptions
4.15 PERSONALLY IDENTIFIABLE INFORMATION PROCESSING AND TRANSPARENCY
PT-1: Personally Identifiable Information Processing and Transparency Policy and Procedures
PT-2: Authority to Process Personally Identifiable Information
4.16 RISK ASSESSMENT
RA-1: Risk Assessment Policy and Procedures
RA-3: Risk Assessment
RA-5: Vulnerability Monitoring and Scanning
RA-7: Risk Response
RA-8: Privacy Impact Assessments
4.17 SYSTEM AND SERVICES ACQUISITION
SA-1: System and Services Acquisition Policy and Procedures
SA-2: Allocation of Resources
SA-3: System Development Life Cycle
SA-4: Acquisition Process
SA-5: System Documentation
SA-8: Security Engineering Principles
SA-9: External System Services
SA-10: Developer Configuration Management
SA-11: Developer Testing and Evaluation
SA-15: Development Process, Standards and Tools
SA-22: Unsupported System Components
4.18 SYSTEM AND COMMUNICATIONS PROTECTION
SC-1: System and Communications Protection Policy and Procedures
SC-2: Application Partitioning
SC-4: Information in Shared System Resources
SC-7: Boundary Protection
SC-8: Transmission Confidentiality and Integrity
SC-10: Network Disconnect
SC-12: Cryptographic Key Establishment and Management
SC-13: Cryptographic Protection
SC-15: Collaborative Computing Devices and Applications
SC-17: Public Key Infrastructure Certificates
SC-18: Mobile Code
SC-20: Secure Name/Address Resolution Service (Authoritative Source)
SC-21: Secure Name/Address Resolution Service (Recursive or Caching Resolver)
SC-22: Architecture and Provisioning for Name/Address Resolution Service
SC-23: Session Authenticity
SC-28: Protection of Information at Rest
SC-35: External Malicious Code Identification
SC-39: Process Isolation
SC-45: System Time Synchronization
4.19 SYSTEM AND INFORMATION INTEGRITY
SI-1: System and Information Integrity Policy and Procedures
SI-2: Flaw Remediation
SI-3: Malicious Code Protection
SI-4: System Monitoring
SI-5: Security Alerts, Advisories and Directives
SI-7: Software, Firmware and Information Integrity
SI-8: Spam Protection
SI-10: Information Input Validation
SI-11: Error Handling
SI-12: Information Management and Retention
SI-16: Memory Protection
4.20 SUPPLY CHAIN RISK MANAGEMENT
SR-1: Supply Chain Risk Management Policy and Procedures
SR-2: Supply Chain Risk Management Plan
SR-3: Supply Chain Controls and Processes
SR-6: Supplier Assessments and Reviews
SR-10: Inspection of Systems and Components
SR-11: Component Authenticity
Exhibit 1 IRC §§ 6103(a) and (b)
Exhibit 2 IRC § 6103(p)(4)
Exhibit 3 Code of Federal Regulations (CFR) § 301.6103(p)(7)-1 [T.D. 9445, 74 FR 6830, Feb. 11, 2009]
Exhibit 4 IRC §§ 7213 and 7213A – Sanctions for Unauthorized Disclosure and Access
Exhibit 5 IRC § 7431 - Civil Damages for Unauthorized Inspection or Disclosure of Returns and Return Information
Exhibit 6 Contractor 45-Day Notification Procedures
Exhibit 7 Safeguarding Contract Language
Exhibit 8 Warning Banner Examples
Exhibit 9 Record Retention Schedules
GLOSSARY AND KEY TERMS
INDEX

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