Florida DR4709 SOW.pdf

SOW FEMA, for DR-4709-FL for In-person, Virtual and Remote Sign Language Interpretation and remote/in-person Communication Access Real-Time Translation (CART) Services

STATEMENT OF WORK

DHS/FEMA/OEA

LANGUAGE SUPPORT SERVICES

DR 4709-FL

04/27/23

BLANKET PURCHASE AGREEMENT (COMMUNICATIONS ACCESS SERVICES)

General Information

Contract BPA

Task Order Number TBD

Contract Name BPA Communications Access Services

Requesting Directorate External Affairs– Sign Language Services/CART

Task Order Name

Period of Performance

Start Date End Date

TBD 90 days with 1 extension of 90 days

Contacts Name Office Phone No. Mobile Phone No.

FEMA COR Aaron Kubey

(202) 702-9852

TSS PM

FEMA Technical Monitor

1.0 DESCRIPTION OF NEED

The provision of language access for Sign Language interpretation onsite, virtual/remote, prescheduled according to need. The provision of Communication Access Real-Time Translation (CART), virtual or in-person according to need. This Statement of Work serves for the provision of any or all the services as determined by the Requestor. Interpreting and CART services to be provided with relevance to all declared counties for DR 4709-FL in Broward county or any added counties in the state of Florida on an as-needed basis Sunday – Saturday at any hour of the day or night: 24/7. Any county that is added to DR- 4709-FL will be included in this contract.

• Sign Language Interpretation services provided by a Contractor(s) (preferably based in the state) where the disaster occurred, knowledgeable in disability law and the accommodations therein and specializes in the provision of sign language interpretation. Contractor(s) needs to consistently provide qualified sign language interpreters who can interpret in the appropriate modality to fit

2 | P a g e the need of disaster survivors. These services are to ensure all FEMA-delivered information, goods and services produced and related events are accessible to survivors who are Deaf or hard of hearing and use Sign Language Interpretation services as their primary mode of communication. It is important to emphasize that emergency management is a high stake, high consequences environment and as such, it is therefore paramount to assign qualified sign language interpreters who understand government/emergency management terminology and the response and recovery process to best support the survivor’s needs. Contractor must provide qualified sign language interpreters virtually or at the prescheduled location according to request and provide prescheduled video remote services according to request.

• CART services provided by a Contractor knowledgeable in disability law and the accommodations therein, that specializes in the provision of real time captioning services. This service is to ensure all FEMA-delivered information, goods and services produced and related events are accessible to survivors who are Deaf or hard of hearing who rely on captioning as their primary method of receiving information. It is important to emphasize that emergency management is a high stake, high consequences environment and as such, it is therefore paramount to assign qualified CART providers who understand government/emergency management terminology. Contractor needs to provide qualified CART providers, on location or remote as requested, who can consistently translate from spoken English to written English verbatim and in real time.

2.0 TERMINOLOGY

For the purposes of this Statement of Work and the aligned contract, the following terms and acronyms will be used.

• Providers – the interpreter(s) and/or CART provider(s) assigned to a specific event.

• Contractor - the entity awarded the contract to provide services.

• Agency – Federal Emergency Management Agency

• Recipient – the end user of the services being provided

• Requestor – the Contracting Officer (CO), Contracting Officer’s Representative (COR), their

Alternate (ACOR), or designated Point of Contact (POC) within the Agency.

3.0 SCOPE

Three or more contracts may be awarded for Communications Access Services in the state of California depending on the addition of counties.

3.1 General to All Services

• Service needs will typically fall during the working hours of 7am to 7pm, Sunday-Saturday, however, the provision of services is to be available outside of these hours as requested as town hall meetings and disaster recovery center often happen in the evening hours after 7 pm, both for in-person and remote needs.

• Providers are required to present acceptable valid government-issued photo ID upon arrival or request. The COR will provide the Contractor with the requirements regarding accepted photo IDs.

• Providers will comply with and will be held to all requirements set forth within this SOW and contract.

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• Federal regulations require that mileage reimbursement applies to travel that meets the over-50-mile threshold from place of residence.

• The period of performance is 90 days, with one options of 90 days each to extend services.

• All requests and communications will be limited to the Contracting Officer’s Representative

(COR), their Alternate (ACOR) or a designated Point of Contact (POC) as listed:

• CO –

• COR – Aaron Kubey

• ACOR – Gay Jones

• POC-

CLIN

Sign Language Interpreting/CART Services/mileage for DR-4709-FL

Unit of Issue

ASL Interpretation 400 Hrs.

0002 CART Services 100 Hrs.

0003 Mileage 5,000 miles

3.2 Specific to Virtual Interpretation and CART Services

Interpreting and CART services to be provided with relevance to all counties for Region IV in the

State of Florida for DR 4709-FL on as needed basis Sunday – Saturday at any hour of the day or night; 24/7.

• Authorization for travel outside the declared area must be pre-approved by the Contracting Officer's Representative (COR) prior to the travel and will be reimbursed in accordance with the federal government’s Federal Travel Regulations further than 50 miles one way.

• For virtual services, Providers will appear in the platform no less than 10 minutes prior to a prescheduled assignment.

• Attire is business casual unless told otherwise.

• Every attempt will be made for onsite services to be requested at a minimum of 24-hours prior to the start of the assignment, however, occasions may occur where the Requestor is unable to provide 24 hours’ notice. If the Contractor is unable to fill the request, written notification via email must be given to the Requestor within two (2) hours of the time the request was made. By default, if no such written communication is received, it is determined that the Contractor has accepted and will fill the request.

• Sign Language Interpretation and CART service requests cancelled by the Requestor with less than 48 business hours’ notice, prior to the start of the request, are to be billed for the hours requested. If cancellation occurs with more than 48 hours’ notice, no costs will be billed to the Agency.

4.0 QUALIFICATIONS

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Sign language interpreters and Certified Deaf interpreters, at minimum, must:

• Possess certification from National Association of the Deaf/Registry of Interpreters for the Deaf or one type of certification recognized by the state where the disaster is declared. Interpreters must be able to provide proof of certification upon request. In some states, licensure for interpreters is required by law.

• Have the skill and experience to change the modality in which they are interpreting to meet the needs of the disaster survivor(s) they are to serve and when appropriate, the broad spectrum of need nationwide. This includes, but is not limited to, American Sign Language (ASL), Conceptually Accurate Signed English (CASE), Tactile Sign Language and Puerto Rican Sign Language (PRSL). If requested, the contractor must provide a sign language interpreter with strong voicing skills.

• Comply with the Professional Code of Conduct established by the national Registry of Interpreters for the Deaf (RID) and all state laws regardless of the type of qualification they possess.

Deaf interpreters, at minimum, must:

• Where certification is not currently available, possess 150 hours of professional interpreting experience with no less than 50 of those hours in platform or conference interpreting. Interpreter must be able to provide proof of experience upon request.

• Have the skill and experience the change the modality in which they are interpreting to meet the broad spectrum of need nationwide.

• Comply with Professional Code of Conduct established by the national Registry of Interpreters for the Deaf (RID) regardless of the type of qualification they possess.

CART providers, at minimum, must:

• Hold one type of certification recognized by the state where the disaster is declared, National Court Reporters Association (NCRA), National Verbatim Reporters Association (NVRA) or equivalent.

• Provide consistent translation from spoken English to written English verbatim.

• Provide their own CART writing equipment needed and work with the FEMA POC to ensure connectivity and display needs.

5.0 SCHEDULE

5.1 Assignments

• Services are to be provided on an as needed, as requested, basis at the discretion of the Requestor within the confines of the contract and this SOW. Requestor will contact the Contractor, primarily by phone followed by email, to request services and provide the following information:

• For Interpretation and CART services – date of assignment, assignment type, language preference if other than ASL, times and location or remote specifications.

• Requestor will maintain a log or spreadsheet documenting the time of the request in addition to the following:

• For Interpretation and CART services, the Requestor will document the date of the assignment, the start time of the assignment, the anticipated duration, the location, and a description of the event. This log will be made available to the Contracting Officer for inspection as requested.

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• For Interpretation and CART services, Contractor will provide to the Requestor the names of the assigned Providers as soon as possible or at a minimum of six hours prior to the start of the assignment.

• As per industry standard, two interpreters will be required for assignments lasting more than ninety (90) minutes; or assignments of a detailed or technical nature; or involving a general audience with a duration of more than one hour. If a CDI/ASL team is assigned, two ASL interpreters will be provided for every CDI in the team. For example: a team of two CDIs would pair with four ASL interpreters.

• As per industry standard, one CART provider at a time will be contracted per event need. Due to duration, the need might arise for a CART provider to be replaced by another CART provider. In this event, the CART providers are expected to share relevant knowledge and meeting context as it pertains to their provision of service at the time of replacement. An unedited copy of the transcript needs to be available upon request.

5.2 Cancellations and Changes

• All cancellations or schedule adjustments will be requested by the Requestor to the Contractor primarily by phone and followed via email within 48 business hours.

• Providers will remain available to work for the entire scheduled time, regardless of changes to events.

• In the event any or all Provider(s) are unable to work, the Contractor is required to notify the

Requestor. The Contractor will be required to replace the Provider(s). In the event the Contractor is unable to supply the replacements, the Contractor will not bill the government for those service hours.

5.3 Inclement Weather or Emergency

• Providers will not report to work if the federal government is closed due to inclement weather or emergency. No cancellation fee or charges will be assessed. The Contractor will not bill the government for service hours when the government is closed due to inclement weather or emergency.

5.4 Other Unscheduled Federal Government Closures

• In the event of an unscheduled closure of the federal government, Providers will not report to work or to their scheduled assignments. No cancellation fee or charges will be assessed. The Contractor will not bill the government for services when the government is closed.

5.5 Federal Holidays

• Provider services may be required on federal holidays and weekends during a disaster declaration.

If work is performed on holidays, the contractor shall bill for services performed at the contracted rate with no premiums or rate increase.

5.6 Inclement Weather – Non-Closures

• In the event of inclement weather or an emergency, Providers are responsible for calling

Requestor or alternate Requestor to receive instruction and will abide by the Delayed Arrival policy pertaining to federal employees outlined by the Joint Field Office. If services cannot be provided, the Contractor will not bill the government for service hours for the day(s)/hours.

6.0 EVALUATION OF SERVICES

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• The Contractor shall be solely responsible for the quality of services provided. The Contractor shall also be liable for negligence, fraud, waste, or abuse incurred by the Provider.

• Recipients of interpreter or CART services, qualified FEMA staff and the event POC may provide feedback on the quality of the services to the Requestor. Feedback will be provided to the Contractor within 24 hours of receipt of the feedback when necessary.

• Providers can be dismissed at the discretion of the Requestor for deficiencies in performance, ethical standards, dress, timeliness, or other quality standards. If dismissal is necessary, the Contractor will only bill for the actual time worked on the day of dismissal. If replacement of Provider is requested, the Contractor will fulfill that request and not send that Provider to any future event under this contract unless told otherwise by the Requestor.

7.0 INVOICING

7.1 Interpretation and CART Services

• Bill all onsite and virtual interpretation services at a minimum of two (2) hours and remote CART services at a minimum of two (2) hours. If the assignment is longer than minimum stated hours for the service, the assignment will be billed for the actual duration of the assignment.

• Follow the invoicing instructions outlined in the SOW and the contract.

• Draft all invoices to include invoice date; contract number; period of performance; Provider name; individual dates of service; time of service for each Provider.

• Bill on a biweekly basis using the fixed hourly rate as established in the contract.

• Use separate line items with the corresponding CLIN to show the hours of service worked.

• Bill work hours at the flat rate established within the contract.

8.0 REFERENCES

• Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended, 42 U.S.C. 5121-5207).

• Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295) Oct. 4, 2006.

14.0 SECURITY

All personnel require access to information up to the sensitive but unclassified, for official use only (FOUO) levels. Contractor must ensure contractor employees receive a favorably adjudicated public trust suitability prior to entry on duty (EOD). All individuals will be U.S. citizens. The contractor shall follow the standards established within DHS and FEMA policy.

Unauthorized Disclosure of Classified or Unclassified Information:

Contractors and Subcontractors who are working on this contract shall receive Unauthorized Disclosure of Classified or Unclassified Information training.

Access to the training can be obtained at:

https://securityawareness.usalearning.gov/unauthorizedrefresher/index.htm https://securityawareness.usalearning.gov/unauthorizedrefresher/index.htm

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Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

OPSEC Training:

Contractors and Subcontractors who are working on this contract shall receive the OPSEC Awareness Brief.

Access to the briefing can be obtained at http://cdsetrain.dtic.mil/opsec

Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

Insider Threat Training:

Insider Threat training for Contractors can be found at: http://cdsetrain.dtic.mil/itawareness/index.htm.

Certificate of training is required for all cleared contractor employees who are working with classified or unclassified information. All certificates must be sent to the assigned FEMA Contracting Officer Representative, before the Contractor or Subcontractor is granted access to classified or unclassified information but no later than 30 calendar days after awarded contract. All cleared contractor personnel are required to recertify Insider Threat training annually thereafter. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

For Official Use Only (FOUO) Information:

In accordance with DHS Management Directive 11042.1 contractors, consultants and others to whom access is granted will abide by 11042.1; DHS policy regarding the identification and safeguarding of sensitive but unclassified information originated within DHS. It also applies to other sensitive but unclassified information received by DHS from other government and non-governmental activities.

The contractor will:

1. Be aware of and comply with the safeguarding requirements for “For Official Use Only” (FOUO) information as outlined in this directive.

2. Participate in formal classroom or computer-based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information.

3. Be aware that divulging information without proper authority could result in administrative or disciplinary action.

http://cdsetrain.dtic.mil/opsec http://cdsetrain.dtic.mil/itawareness/index.htm

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Contractors and Consultants shall execute a DHS Form 11000-6, Sensitive but Unclassified Information Non Disclosure Agreement (NDA), as a condition of access to such information. Other individuals not assigned to or contractually obligated to DHS, but to whom access to information will be granted, may be requested to execute an NDA as determined by the applicable program manager. Execution of the NDA shall be effective upon date of the DHS Policy and not applied retroactively.

Unauthorized Disclosure of Classified or Unclassified Information

Contractors and Subcontractors who are working on this contract shall receive the Unauthorized Disclosure of Classified or Unclassified Information training.

Access to the training can be obtained at:

https://securityawareness.usalearning.gov/unauthorizedrefresher/index.htm

Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

Foreign Travel and Government-Issued Equipment

Per DHS and FEMA IT policy, FEMA employees and contractors are not authorized to take government-issued equipment, including cell phones, computers, or tablets such as iPads, outside of the United States regardless of the reason for travel. If government-issued equipment is required for official foreign travel, FEMA government employees may request a temporary loaner device through the Mobility Service Center.Office of the Chief Information Officer, Service Center for the duration of their trip. FEMA contractors must contact their contracting officer’s representative (COR) for further guidance.

If your device is detected as operating outside of the United States and its territories it will be disabled and your information will be forwarded to the Office of Professional Responsibility for review.

BACKGROUND INVESTIGATIONS

All contractor personnel who require access to DHS or FEMA information systems, routine access to DHS or FEMA facilities, or access to sensitive information, including but not limited to Personally Identifiable Information (PII), shall be subject to a full background investigation commensurate with the level of the risk associated with the job function or work being performed. FEMA’s Personnel Security Division (PSD) will determine the risk designation for each contractor position by comparing the functions and duties of the position against those of a same or similar federal position, applying the same standard for evaluating the associated potential for impact on the integrity and efficiency of federal service.

https://securityawareness.usalearning.gov/unauthorizedrefresher/index.htm https://usfema.sharepoint.com/teams/FEMAET/it_tools/tsc/Pages/default.aspx https://usfema.sharepoint.com/teams/FEMAET/it_tools/tsc/Pages/default.aspx

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Low Risk without Information System Access

Contractor personnel occupying positions or performing functions with a Low Risk designation and who do not require access to DHS or FEMA information systems may undergo a Tier 1 investigation with a credit check and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract. (also reference Facility Access).

Low Risk with Information System Access

Contractor personnel occupying positions or performing functions with a Low Risk designation and who require access to DHS or FEMA information systems shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Moderate Risk

Contractor personnel occupying positions or performing functions with a Moderate Risk designation shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

High Risk

Contractor personnel occupying positions or performing functions with a High Risk designation shall undergo a Tier 4 Suitability Background Investigation (T4) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Background Investigation Process

To initiate the request to process contractor personnel, the Contractor shall provide the FEMA Contracting Officer’s Representative (COR) with all required information and comply with all necessary instructions to complete Section II of the FEMA Form 121-3-1-6, “Contract Fitness/Security Screening Request.” The FEMA COR shall ensure that all other applicable sections of the FEMA Form 121-3-1-6 are complete prior to submitting the form to FEMA PSD for processing. The Contractor shall also provide the FEMA COR with completed OF 306, “Declaration for Federal Employment,” forms for all contractor personnel.

Contractor personnel who already have a favorably adjudicated background investigation, may be eligible to perform work under this contract without further processing by FEMA PSD if:

the investigation was completed within the last five years, it meets or exceeds the minimum requirement for the position they will occupy or functions they will perform on this contract, 10 | P a g e the contractor personnel have not had a break in employment since the prior favorable adjudication, and, FEMA PSD has verified the investigation and confirmed that no new derogatory information has been disclosed which may require a reinvestigation.

FEMA PSD will notify the COR of the names of the contractor personnel eligible to work based on prior, favorable adjudication. The COR will, in turn, notify the Contractor of the names of the favorably adjudicated contractor personnel, at which time the favorably adjudicated contractor personnel will be eligible to begin work under this contract.

For those contractor personnel who do not have an acceptable, prior, favorable adjudication or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email directly to the contractor applicant/personnel that contains the following documents, which are incorporated into this contract by reference, along with a link to the Office of Personnel Management’s (OPM) Electronic Questionnaires for Investigation Processing (e-QIP) system and instructions for submitting the necessary information:

Standard Form 85P, “Questionnaire for Public Trust Positions”

Optional Form 306, “Declaration for Federal Employment”

SF 87, “Fingerprint Card” (2 copies)

DHS Form 11000-6, “Non-Disclosure Agreement”

DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act”

FEMA PSD will only accept complete packages consisting of all of the above document and Standard Form 85P, which must be completed electronically through the Office of Personnel Management’s e-QIP system. The Contractor is responsible for ensuring that all contractor personnel timely and properly submit all required background information.

Once contractor personnel have properly submitted the complete package of all required background information, FEMA’s Personnel Security Division, at its sole discretion, may grant contractor personnel temporary eligibility to perform work under this contract prior to completion of the full background investigation if the Personnel Security Division’s initial review of the contractor personnel’s background information reveals no issues of concern. In such cases, FEMA’s Personnel Security Division will provide notice of such temporary eligibility to the COR who will then notify the Prime Contractor, at which time the identified contractor personnel will be temporarily eligible to begin work under this contract. Neither the Prime Contractor nor the contractor personnel has any right to such a grant of temporary eligibility. The grant of such temporary eligibility shall not be considered as assurance that the

11 | P a g e contactor personnel will remain eligible to perform work under this contract upon completion of and final adjudication of the full background investigation.

Upon favorable adjudication of the full background investigation, FEMA’s Personnel Security Division will update the contractor personnel’s security file and take no further action. In any instance where the final adjudication results in an unfavorable determination FEMA’s Personnel Security Division will notify the contractor personnel directly, in writing, of the decision and will provide the COR with the name(s) of the contractor personnel whose adjudication was unfavorable. The COR will then forward that information to the Contractor. Contractor personnel who receive an unfavorable adjudication shall be ineligible to perform work under this contract. Unfavorable adjudications are final and not subject to review or appeal.

Continued Eligibility and Reinvestigation Eligibility determinations based on a Low Risk T1, Moderate Risk T2S or High Risk T4 are valid for five years from the date that the investigation was completed and closed. Contractor personnel required to undergo a background investigation to perform work under this contract shall be ineligible to perform work under this contract upon the expiration the background investigation unless and until the contractor personnel have undergone a reinvestigation and FEMA’s Personnel Security Division has renewed their eligibility to perform work under this contract.

Exclusion by Contracting Officer The Contracting Officer, independent of FEMA’s Personnel Security Division, may direct the Contractor be excluded from working on this contract. Any contractor found or deemed to be unfit or whose continued employment on the contract is deemed contrary to the public interest or inconsistent with the best interest of the agency may be removed.

Information Sharing

To accomplish the tasks outlined in this contract, FEMA will share with the contractor the following PII data elements:

1) Applicant name, date of birth, social security number (if applicable), physical and mailing address, income information, disabilities, English proficiency level;

2) Co-Applicant name, date of birth, social security number (if applicable), physical and mailing address, income information, disabilities, English proficiency level; and/or

3) Names of members of the household, date of birth(s), social security number(s), physical and mailing address, income information, disabilities, English proficiency level.

The list above is result of a wide range of possible scenarios, since the contractor(s) will be performing translations assisting disaster survivors with disaster applications and visits to the affected areas.

The information sharing outlined in this contract is authorized by the following System of Records Notice(s) and Routine Use(s): DHS/ALL-016 Department of Homeland Security Correspondence Records, routine use G and DHS/FEMA-008 Disaster Recovery Assistance Files, routine use F. The information sharing outlined in this contract is covered in the following Privacy Impact Assessment(s):

DHS/FEMA-049 Individual Assistance (IA) Program.

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"Need-to-Know" access to PII The contractor will limit access to the PII provided by FEMA under this contract only to the contractor’s authorized personnel who need to know the information to accomplish the tasks outlined in this contract.

Prohibition on Computer Matching The contractor shall ensure no computer matching, as that term is defined in 5 U.S.C. § 552a(o), will occur for the purpose of establishing or verifying eligibility or compliance as it relates to cash or in-kind assistance or payments under federal benefit programs.

Return or Destruction of Data when no longer needed If at any time during the term of this contract any part of FEMA PII, in any form, that the contractor obtains from FEMA ceases to be required by the contractor for the performance of the contract, or upon termination of the contract, whichever occurs first, the contractor shall, within fourteen (14) days thereafter, promptly notify FEMA and securely return PII to FEMA, or, at FEMA’s written request destroy, un-install and/or remove all copies of such PII in the contractor’s possession or control, and certify in writing to FEMA that such tasks have been completed.

FACILITY ACCESS

The Contractor shall comply with FEMA Directive 121-1 “FEMA Personal Identity Verification Guidance,” FEMA Directive 121-3 “Facility Access,” and FEMA Manual 121-3-1 “FEMA Credentialing Access Manual,” to arrange for contractor personnel’s access to FEMA facilities, which includes, but is not limited to, arrangements to obtain any necessary identity badges for contractor personnel.

Contractor personnel working within any FEMA facility who do not require access to DHS or FEMA IT systems and do not qualify for a PIV Card may be issued a Facility Access Card (FAC). FACs cannot exceed 180 days; all contractors requiring access greater than 180 days will need to qualify for and receive a PIV card before being allowed facility access beyond 180 days.

Contractor personnel shall not receive a FAC until they have submitted a SF 87, “Fingerprint Card,” and an OF306, Declaration for Federal Employment, and receive approval from FEMA PSD. Contractor personnel using a FAC for access to FEMA facilities must be escorted in Critical Infrastructure areas (i.e., server rooms, weapons rooms, mechanical rooms, etc.) at all times.

FEMA may deny facility access to any contractor personnel whom FEMA’s Office of the Chief Security Officer has determined to be a potential security threat.

SEPARATION FROM CONTRACT

The Contractor shall notify the FEMA COR of all terminations/resignations within five calendar days of occurrence. The Contractor must account for all forms of Government-provided identification issued to contractor employees under a contract (i.e., the PIV cards or other similar badges) must return such identification to FEMA as soon as any of the following occurs:

• When no longer needed for contract performance.

• Upon completion of a contractor employee’s employment.

• Upon contract completion or termination.

If an identification card or building pass is not available to be returned, the Contractor shall submit a report to the FEMA COR, referencing the pass or card number, name of the individual to whom it was issued, and the last known location and disposition of the pass or card.

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The Contractor or contractor personnel’s failure to return all DHS- or FEMA-issued identification cards and building passes upon expiration, upon the contractor personnel’s removal from the contract, or upon demand by DHS or FEMA may subject the contractor personnel and the Contractor to civil and criminal liability.

HYGIENE CLAUSES

IV. SAFEGUARDING OF SENSITIVE INFORMATION (MAR 2015)

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Definitions. As used in this clause—

“Personally Identifiable Information (PII)” means information that can be used to distinguish or trace an individual's identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name. The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. In performing this assessment, it is important for an agency to recognize that non-personally identifiable information can become personally identifiable information whenever additional information is made publicly available—in any medium and from any source—that, combined with other available information, could be used to identify an individual.

PII is a subset of sensitive information. Examples of PII include, but are not limited to: 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), static Internet protocol addresses, biometric identifiers such as fingerprint, voiceprint, iris scan, 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.

“Sensitive Information” is defined in HSAR clause 3052.204-71, Contractor Employee Access, as any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of Title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107- 296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

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Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(2) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(3) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

“Sensitive Information Incident” is an incident that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access or attempted access of any Government system, Contractor system, or sensitive information.

“Sensitive Personally Identifiable Information (SPII)” is a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Some forms of PII are sensitive as stand-alone elements. Examples of such PII include: Social Security numbers (SSN), driver’s license or state identification number, Alien Registration Numbers (A-number), financial account number, and biometric identifiers such as fingerprint, voiceprint, or iris scan. Additional examples include any groupings of information that contain an individual’s name or other unique identifier plus one or more of the following elements:

(1) Truncated SSN (such as last 4 digits)

(2) Date of birth (month, day, and year)

(3) Citizenship or immigration status

(4) Ethnic or religious affiliation

(5) Sexual orientation

(6) Criminal History

(7) Medical Information

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

Other PII may be “sensitive” depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but is not sensitive.

(c) Authorities. The Contractor shall follow all current versions of Government policies and guidance accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors, or available upon request from the Contracting Officer, including but not limited to:

(1) DHS Management Directive 11042.1 Safeguarding Sensitive But Unclassified (for Official Use Only) Information http://www.dhs.gov/dhs-security-and-training-requirements-contractors

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(2) DHS Sensitive Systems Policy Directive 4300A

(3) DHS 4300A Sensitive Systems Handbook and Attachments

(4) DHS Security Authorization Process Guide

(5) DHS Handbook for Safeguarding Sensitive Personally Identifiable Information

(6) DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program

(7) DHS Information Security Performance Plan (current fiscal year)

(8) DHS Privacy Incident Handling Guidance

(9) Federal Information Processing Standard (FIPS) 140-2 Security Requirements for Cryptographic Modules accessible at http://csrc.nist.gov/groups/STM/cmvp/standards.html

(10) National Institute of Standards and Technology (NIST) Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations accessible at http://csrc.nist.gov/publications/PubsSPs.html

(11) NIST Special Publication 800-88 Guidelines for Media Sanitization accessible at http://csrc.nist.gov/publications/PubsSPs.html

(d) Handling of Sensitive Information. Contractor compliance with this clause, as well as the policies and procedures described below, is required.

(1) Department of Homeland Security (DHS) policies and procedures on Contractor personnel security requirements are set forth in various Management Directives (MDs), Directives, and Instructions. MD 11042.1, Safeguarding Sensitive But Unclassified (For Official Use Only) Information describes how Contractors must handle sensitive but unclassified information. DHS uses the term “FOR OFFICIAL USE ONLY” to identify sensitive but unclassified information that is not otherwise categorized by statute or regulation. Examples of sensitive information that are categorized by statute or regulation are PCII, SSI, etc. The DHS Sensitive Systems Policy Directive 4300A and the DHS 4300A Sensitive Systems Handbook provide the policies and procedures on security for Information Technology (IT) resources. The DHS Handbook for Safeguarding Sensitive Personally Identifiable Information provides guidelines to help safeguard SPII in both paper and electronic form.

DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program establishes procedures, program responsibilities, minimum standards, and reporting protocols for the DHS Personnel Suitability and Security Program.

(2) The Contractor shall not use or redistribute any sensitive information processed, stored, and/or transmitted by the Contractor except as specified in the contract.

(3) All Contractor employees with access to sensitive information shall execute DHS Form 11000-6, Department of Homeland Security Non-Disclosure Agreement (NDA), as a condition of access to such information. The Contractor shall maintain signed copies of the NDA for all employees as a record of compliance. The Contractor shall provide copies of the signed NDA to the Contracting Officer’s Representative (COR) no later than two (2) days after execution of the form.

(4) The Contractor’s invoicing, billing, and other recordkeeping systems maintained to support financial or other administrative functions shall not maintain SPII. 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) Authority to Operate. The Contractor shall not input, store, process, output, and/or transmit http://csrc.nist.gov/groups/STM/cmvp/standards.html

16 | P a g e sensitive information within a Contractor IT system without an Authority to Operate (ATO) signed by the Headquarters or Component CIO, or designee, in consultation with the Headquarters or Component Privacy Officer. Unless otherwise specified in the ATO letter, the ATO is valid for three (3) years. The Contractor shall adhere to current Government policies, procedures, and guidance for the Security Authorization (SA) process as defined below.

(1) Complete the Security Authorization process. The SA process shall proceed according to the DHS Sensitive Systems Policy Directive 4300A (Version 11.0, April 30, 2014), or any successor publication, DHS 4300A Sensitive Systems Handbook (Version 9.1, July 24, 2012), or any successor publication, and the Security Authorization Process Guide including templates.

(i) Security Authorization Process Documentation. SA documentation shall be developed using the Government provided Requirements Traceability Matrix and Government security documentation templates. SA documentation consists of the following: Security Plan, Contingency Plan, Contingency Plan Test Results, Configuration Management Plan, Security Assessment Plan, Security Assessment Report, and Authorization to Operate Letter. Additional documents that may be required include a Plan(s) of Action and Milestones and Interconnection Security Agreement(s). During the development of SA documentation, the Contractor shall submit a signed SA package, validated by an independent third party, to the COR for acceptance by the Headquarters or Component CIO, or designee, at least thirty (30) days prior to the date of operation of the IT system. The Government is the final authority on the compliance of the SA package and may limit the number of resubmissions of a modified SA package. Once the ATO has been accepted by the Headquarters or Component CIO, or designee, the Contracting Officer shall incorporate the ATO into the contract as a compliance document. The Government’s acceptance of the ATO does not alleviate the Contractor’s responsibility to ensure the IT system controls are implemented and operating effectively.

(ii) Independent Assessment. Contractors shall have an independent third party validate the security and privacy controls in place for the system(s). The independent third party shall review and analyze the SA package, and report on technical, operational, and management level deficiencies as outlined in NIST Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations. The Contractor shall address all deficiencies before submitting the SA package to the Government for acceptance.

Support the completion of the Privacy Threshold Analysis (PTA) as needed. As part of the SA process, the Contractor may be required to support the Government in the completion of the PTA.

The requirement to complete a PTA is triggered by the creation, use, modification, upgrade, or disposition of a Contractor IT system that will store, maintain and use PII, and must be renewed at least every three (3) years. Upon review of the PTA, the DHS Privacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modifications thereto, are required. The Contractor shall provide all support necessary to assist the Department in completing the PIA in a timely manner and shall ensure that project management plans and schedules include time for the completion of the PTA, PIA, and SORN (to the extent required) as milestones. Support in this context includes responding timely to requests for information from the Government about the use, access, storage, and maintenance of PII on the Contractor’s system, and providing timely review of relevant compliance documents for factual accuracy. Information on the DHS privacy compliance process, including PTAs, PIAs, and SORNs, is accessible at http://www.dhs.gov/privacy-compliance.

http://www.dhs.gov/privacy-compliance

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(2) Renewal of ATO. Unless otherwise specified in the ATO letter, the ATO shall be renewed every three (3) years. The Contractor is required to update its SA package as part of the ATO renewal process. The Contractor shall update its SA package by one of the following methods:

(1) Updating the SA documentation in the DHS automated information assurance tool for acceptance by the Headquarters or Component CIO, or designee, at least 90 days before the ATO expiration date for review and verification of security controls; or (2) Submitting an updated SA package directly to the COR for approval by the Headquarters or Component CIO, or designee, at least 90 days before the ATO expiration date for review and verification of security controls. The 90 day review process is independent of the system production date and therefore it is important that the Contractor build the review into project schedules. The reviews may include onsite visits that involve physical or logical inspection of the Contractor environment to ensure controls are in place.

(3) Security Review. 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 afford DHS, the Office of the Inspector General, and other Government organizations access to the Contractor’s facilities, installations, operations, documentation, databases and personnel used in the performance of this contract. The Contractor shall, through the Contracting Officer and COR, contact the Headquarters or Component CIO, or designee, to coordinate and participate in review and inspection activity by Government organizations external to the DHS. Access shall be provided, to the extent necessary as determined by the Government, for the Government to carry out a program of inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of Government data or the function of computer systems used in performance of this contract and to preserve evidence of computer crime.

(4) Continuous Monitoring. All Contractor-operated systems that input, store, process, output, and/or transmit sensitive information 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 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.

(5) Revocation of ATO. In the event of a sensitive information incident, the Government may suspend or revoke an existing ATO (either in part or in whole). If an ATO is suspended or revoked in accordance with this provision, the Contracting Officer may direct the Contractor to take additional security measures to secure sensitive information. These measures may include restricting access to sensitive information on the Contractor IT system under this contract.