IHS-RFQ-24-1487208 AMD 0001.pdf

Credentialing: IHS-RFQ-24-1487208 Amendment 0001

Solicitation Number IHS-RFQ-24-487208

PART 1 – DESCRIPTION

The Indian Health Service (IHS) is seeking a state-of-the-art centralized, systematic, safe, and reliable Internet and Microsoft Windows-based credentialing platform that enables the Agency to standardize medical staff credentialing and privileging processes to include managing provider enrollment for multiple regions that have multiple facilities, both hospital, ambulatory and treatment centers. To accomplish this, IHS requires a contractor to support the planning, acquisition, and implementation of a Commercial-Off-The-Shelf (COTS) Credentialing Management Solution (CrMS). The contractor shall recommend and propose a software solution based on an optimal business process that maintains and automates a decentralized credentialing and privileging process at 24 hospitals and a large number of ambulatory facilities, with centralized management and verification capability. IHS will continue to require all federally managed IHS Areas to use a single COTS software system, with a seamless transition from the existing MD-Staff system to the proposed technical solution offered in response to this solicitation. This shall include all training, technical support, installation helpdesk support post-implementation, any required change management, and end-user optimization plans deployed as part of the comprehensive solution.

This solicitation is a Request for Quote (RFQ) using FAR Part 12 and FAR 13.5 procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-02. The North American Industry Classification System (NAICS) code for the proposed acquisition is 513210 Software Publishers, or comparable NAICS. Product or Service Code (PSC) 7030 Information Technology Software or comparable PSC.

PART 2 – SERVICES/SUPPLIES AND PRICES

2.1 Contract Type: Firm-Fixed Price

2.2 Pricing Table: See Attached proposal spreadsheet

Activity Base Year Option Year 1

Option Year 2

Option Year 3

Option Year 4

CLIN 1: Base Operations

Software - Credentialing / Hosting

Software - Enrollment

Training Base / Training Library

Subtotal Base Operations CLIN:

CLIN 2: Transition Plan $0.00 $0.00 $0.00 $0.00

CLIN 3: Change Management $0.00 $0.00 $0.00 $0.00

CLIN 4: Helpdesk

Task CLINs:

CLIN 5: Customized Reporting $0.00

CLIN 6: Enhancements $0.00 CLIN 7: Training Development/Classes $0.00

Subtotal Contract CLINs

Overhead Subtotal Contract CLINs and Overhead:

Profit

Total Estimate

Total 5 years

52.217-5 Evaluation of Options.

As prescribed in 17.208(c), insert a provision substantially the same as the following:

EVALUATION OF OPTIONS (JULY 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

PART 3 – DESCRIPTION/SPECIFICATIONS

1.0 General:

1.1 Scope: The Indian Health Service (IHS) seeking a state-of-the-art centralized, systematic, safe, and reliable Internet and Microsoft Windows-based credentialing platform that enables the Agency to standardize medical staff credentialing and privileging processes to include managing provider enrollment for multiple regions that have multiple facilities, both hospital, ambulatory and treatment centers. To accomplish this, IHS requires a contractor to support the planning, acquisition, and implementation of a Commercial-Off-The-Shelf (COTS) Credentialing Management Solution (CrMS). The contractor shall recommend and propose a software solution based on an optimal business process that maintains and automates a decentralized credentialing and privileging process at 24 hospitals and a large number of ambulatory facilities, with centralized management and verification capability. IHS will continue to require all federally managed IHS Areas to use a single COTS software system, with a seamless transition from the existing MD-Staff system to the proposed technical solution offered in response to this solicitation. This shall include all training, technical support, installation helpdesk support post-implementation, any required change management, and end-user optimization plans deployed as part of the comprehensive solution. The scope includes:

As required, finalize business and technical requirements with IHS stakeholders, including

Headquarters leadership, credentialing subject matter experts, and governing body members, against the recommended COTS application, to define an optimal business process. The draft Requirements List (Attachment 1) shall serve as the basis for finalizing the requirements before system implementation.

Implement the selected COTS product cloud-based, meeting Federal Risk and Authorization Management Program (FedRAMP) requirements or within the production environment based at the Albuquerque Data Center within the IHS network. A compliant FedRAMP solution will consist of both a FedRAMP-approved cloud solution and a FedRAMP-approved application. FedRAMP approval solely for a cloud hosting solution is insufficient for the purposes of this contract.

Review the existing IHS credentialing process utilizing the current MD-Staff product and provide a business transition plan to adapt to the proposed technical solution.

Refine and finalize the optimal business process based on feedback from IHS.

Provide change management to support system implementation.

Propose a data migration plan of current data within the current MD-Staff product and transition electronic files, securely and completely, into the proposed technical solution.

The Contractor shall migrate any legacy paper-based and electronic files for currently credentialed Licensed Practitioners (LP), historical records for non-active LPs, and non-credentialed LPs.

Provide technical support for initial implementation in accordance with the acceptable technical and end-user support plan. Conduct initial application administrative training and knowledge transfer and provide end-user training based upon an IHS-acceptable training plan. The plan must identify the helpdesk support that will be available for end-users after installation is complete, within the requirements of this PWS. The technical support plan shall address and identify what operations and maintenance for the selected COTS credentialing system are included in the proposed pricing.

Ensure system access to the system by Tribal and Urban Indian partners.

1.2 Background: The Indian Health Service (IHS), an agency within the Department of Health and Human Services, is responsible for providing federal health services to American Indians and Alaska Natives (AI/AN). The mission of IHS is to raise the physical, mental, social, and spiritual health of AI/AN to the highest level and assure that comprehensive, culturally acceptable personal and public health services are available and accessible to members of the 574 federally recognized Tribes across the United States.

Improving and maintaining standardization of the credentialing and privileging process of LPs and non- LP professionals is a priority for IHS as part of broader agency quality improvement activities. IHS finalized the Quality Framework and Implementation Action Plan in November 2016 which outlines the agency's plan to develop, implement, and sustain a quality program intended to improve the patient experience and ensure the delivery of reliably high-quality health care. In addition, IHS provided a statement of planned actions in response to findings in a recent Government Accountability Office study published in January 2017 (Actions Needed to Improve Oversight of Quality of Care- GAO 17-181) related to automating and standardizing the credentialing process in IHS across the organization. Finally, in January 2023, the IHS implemented the 2023 Agency Work Plan which outlines critical actions for the IHS to address risk priorities. Enhancing standardization of the credentialing system is a Patient Safety Priority established in the 2023 Agency Work Plan.

IHS seeks to utilize electronic processes in all IHS Areas to support the secured sharing of credentialing and privileging information, enhancing and improving the collection, maintenance, and verification of credentialing-related data, producing Agency, specific facility location, provider, and/or user reports; and transition to a single enterprise COTS software application throughout the agency. To transition from multiple business processes performed in different IHS Areas to a standardized and streamlined organization-wide business process; IHS awarded a contract to the Applied Statistics & Management Inc.

(ASM) solution MD-Staff, currently being operated within the IHS network environment. Through the use of MD-Staff, IHS has consolidated its credentialing processes through the expected completion of the contract with ASM in 2023.

In Calendar Year (CY) 2021, approximately 2,000 new LPs applications (federal and contractors, including but not limited to doctors, nurses, and pharmacists) were processed across ten IHS Areas. IHS currently has over 4,000 active provider files across 10 Areas with 66 facilities that require the use of a COTS software application.

In a recent independent review of the current credentialing business processes, the estimated Time to Credential (Tc) varied based on a variety of factors, including but not limited to: the volume of workload for each Area, staff available to conduct credentialing functions, whether or not the Area was using a paper-based or COTS solution, varied audit processes, timely submission of complete applications, use of a centralized verification organization, the time taken to receive peer recommendations, affiliations and medical malpractice history verifications, and whether the practitioner would be providing services via a telehealth modality. The average Tc ranged between 14 and 34 workdays.

1.3 Period of Performance (PoP): The Period of Performance shall be 1 Base Year of 12 months and 4 option years of 12 months.

1.4 General Information:

1.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the requirements of the performance work statement. A final QCP shall be submitted to the Contracting Officer Representative (COR) NLT 10 days after contract award. After acceptance of the QCP, the contractor shall obtain the Contracting Officer’s (CO’s) acceptance in writing of any proposed changes to its QCP.

1.4.2 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.3 Recognized Holidays: The following are recognized United States (US) holidays. The contractor shall perform services specified in 1.4.3.1 on these days:

New Year’s Day - January 1 Martin Luther King’s Birthday - 3rd Monday in January Washington’s Birthday - 3rd Monday in February Memorial Day - last Monday in May Juneteenth National Independence Day - June 19 Independence Day - July 4 Labor Day - 1st Monday in September Columbus Day - 2nd Monday in October Veterans’ Day - November 11 Thanksgiving Day - 4th Thursday in November Christmas Day - December 25

Services not specified below are not required to be performed on National Holidays.

1.4.3.1 Required Services on Holidays or weekends: The contractor shall provide such emergency services as required to maintain service availability on a 24-hour, 7-day-a-week basis.

1.4.4 Place and Performance of Services:

The contractor shall provide services between the hours of 5 AM to 5 PM, Pacific Standard Time, Monday through Friday, except on recognized US holidays (as specified in section 1.4.3) or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. However, the contractor shall provide such emergency services as required to maintain system availability over the weekend or on national holidays, as specified in section

1.4.3.1. Planned system downtimes should occur after regular business hours.

The primary place of performance for this effort shall be at the following locations, as required, with virtual service delivery as appropriate and as directed by the COR:

1.4.4.1 Albuquerque Data Center / Albuquerque Area Office

4101 Indian School Rd NE Albuquerque, NM 87110-3988

1.4.4.2 Indian Health Service, Headquarters

5600 Fishers Lane Rockville, MD 20857

The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facilities above are not closed for the above reasons.

When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.4.1 Implementation Training: During the transition from the current to the new solution, the contractor shall provide onsite training at each IHS Area Office that will utilize the solution to execute provider credentialing and privileging from initial to approval, reappointment, ongoing verifications, and reporting.

See Appendix 3 for a list of Area Office locations. The contractor shall work with the COR to identify whether IHS Area Offices can accommodate this training or whether space shall be required to be provided as part of the cost of the contract.

1.4.4.2 Telework: The Government may permit telework by contractor employees when determined to be in the best interest of the Government in meeting work requirements. In furtherance of Continuity of Operations Planning (COOP), a telework program may be enacted to ensure that the Government's mission-critical operations stay operational during times of national emergency or incidents of national significance. Telework shall be at no additional cost to the Government.

1.4.4.3 All contractor employees shall carry proper identification with them at all times and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance. The Government reserves the right to direct the removal of an employee for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for the total performance of this contract.

1.4.5 Security and Special Contract Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The contractor and all associated subcontractor employees shall provide all information required for background checks to comply with IHS personnel security policies. The contractor shall be responsible for ensuring that employees or subcontractors can pass necessary background checks.

1.4.5.1 Baseline Security Requirements

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

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

1.4.5.1.1.2 Operate a Federal System Containing Information: A Contractor (and/or any subcontractor) will operate a federal system and information technology containing data that supports the HHS mission.

In addition to the Federal Acquisition Regulation (FAR) Subpart 2.1 definition of “information technology” (IT), the term as used in this section includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware, and similar procedures, services (including support services), and related resources.

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

1.4.5.1.2.1 Protect government information and information systems to ensure:

1.4.5.1.2.1.1 Confidentiality, which means preserving authorized restrictions on access and disclosure, based on the security terms found in this contract, including means for protecting personal privacy and proprietary information;

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

1.4.5.1.2.1.3 Availability, which means ensuring timely and reliable access to and use of information.

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

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

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

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

Confidentiality: [ ] Low [ ] Moderate [X] High Integrity: [ ] Low [ ] Moderate [X] High Availability: [ ] Low [ ] Moderate [X] High Overall Risk Level: [ ] Low [ ] Moderate [X] High

1.4.5.1.3.1 Based on the information provided by the ISSO, Privacy Office, system/data owner, or other security or privacy representative, it has been determined that this solicitation/contract involves: [ ] No PII [X ] Yes PII

1.4.5.1.3.6 Personally Identifiable Information (PII). Per the Office of Management and Budget (OMB) Circular A-130, “PII is information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual.”

Examples of PII include, but are not limited to the following: social security number, date and place of birth, mother‘s maiden name, biometric records, etc.

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

1.4.5.1.3.7 Protected Health Information (PHI). The Privacy Rule protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information "protected health information (PHI).” (45 C.F.R. § 160.103). Individually identifiable health information includes many common identifiers (e.g., name, address, birth date, social security number). Ref: https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html This solicitation/contract does not involve Protected Health Information (PHI).

1.4.5.1.4 Controlled Unclassified Information (CUI). CUI is defined as “information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information.” The Contractor (and/or any subcontractor) must comply with Executive Order 13556, Controlled Unclassified Information, (implemented at 3 CFR, part 2002) when handling CUI. 32 C.F.R. 2002.4(aa). As implemented the term “handling” refers to “… any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information.” 81 Fed. Reg. 63323. All sensitive information that has been identified as CUI by regulation or statute, handled by this solicitation/contract, shall be:

1.4.5.1.4.1 Marked appropriately;

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

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

1.4.5.1.4.4 Returned to HHS control, destroyed when no longer needed, or held until otherwise directed.

Destruction of information and/or data shall be accomplished in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

1.4.5.1.5 Protection of Sensitive Information. For security purposes, information is or may be sensitive because it requires security to protect its confidentiality, integrity, and/or availability. The Contractor (and/or any subcontractor) shall protect all government information that is or may be sensitive in accordance with OMB Memorandum M-06-16, Protection of Sensitive Agency Information by securing it with a FIPS 140-2 validated solution. See the Updated Departmental Standard for the Definition of Sensitive Information, dated May 18, 2009, for additional information on defining and protecting sensitive information.

https://intranet.hhs.gov/it/cybersecurity/docs/policies_guides/HM/dept_standard_for_def_of_sens_info- 051809.pdf

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

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

1.4.5.1.6.1 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records);

1.4.5.1.6.2 18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information); and

1.4.5.1.6.3 44 U.S.C. Chapter 35, Subchapter I (Paperwork Reduction Act).

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

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

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

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

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

1.4.5.1.9.3 Secure all devices (e.g., desktops, laptops, mobile devices) that store and process government information and ensure devices meet HHS and IHS-specific encryption standard requirements. Maintain a complete and current inventory of all laptop computers, desktop computers, and other mobile devices and portable media that store or process sensitive government information (including PII/PHI).

1.4.5.1.9.4 Verify that the encryption solutions in use have been validated under the Cryptographic Module Validation Program to confirm compliance with FIPS 140-2. The Contractor shall provide a written copy of the validation documentation to the CO and/or COR within 30 days after the contract award and annually thereafter.

1.4.5.1.9.5 Use the Key Management system on the HHS personal identification verification (PIV) card or establish and use a key recovery mechanism to ensure the ability of authorized personnel to encrypt/decrypt information and recover encryption keys. Encryption keys shall be provided to the COR upon request and at the conclusion of the contract.

1.4.5.1.10 Contractor Non-Disclosure Agreement (NDA). Each Contractor (and/or any subcontractor) employee having access to non-public government information under this contract shall complete the IHS Non-Disclosure Agreement. A copy of each signed and witnessed NDA shall be submitted before performing any work under this acquisition.

1.4.5.1.11 Privacy Threshold Analysis (PTA)/Privacy Impact Assessment (PIA) – The Contractor shall assist the IHS Senior Official for Privacy (SOP) or designee with conducting a PTA for the information system and/or information handled under this contract to determine whether or not a full PIA needs to be completed.

1.4.5.1.11.1 If the results of the PTA show that a full PIA is needed, the Contractor shall assist the IHS SOP or designee with completing a PIA for the system or information within 30 days after completion of the PTA and in accordance with HHS policy and OMB M-03-22, Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002.

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

1.4.5.2 Rules of Behavior

1.4.5.2.1 The Contractor (and/or any subcontractor) shall ensure that all employees performing on the contract comply with the HHS Information Technology General Rules of Behavior and IHS Rules of Behavior (ROB) (https://www.ihs.gov/ISSA/index.cfm?module=Training&option=RoB).

1.4.5.2.2 All Contractor employees performing on the contract must read and adhere to the Rules of Behavior before accessing Department data or other information, systems, and/or networks that store/process government information, initially at the beginning of the contract and at least annually thereafter, which may be done as part of annual IHS Information Security Awareness Training. If the training is provided by the contractor, the signed ROB must be provided as a separate deliverable.

1.4.5.3 Incident Response

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

A privacy breach is a type of incident and is defined by FISMA as the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where (1) a person other than an authorized user accesses or potentially accesses personally identifiable information or (2) an authorized user accesses or potentially accesses personally identifiable information for an other than authorized purpose. The HHS Policy for IT Security and Privacy Incident Reporting and Response further defines a breach as “a suspected or confirmed incident involving PII”.

The Contractor (and/or any subcontractor) shall respond to all alerts/Indicators of Compromise (IOCs) provided by HHS Computer Security Incident Response Center (CSIRC)/IHS Incident Response Team (IRT) teams within 24 hours, whether the response is positive or negative.

In the event of a suspected or confirmed incident or breach, the Contractor (and/or any subcontractor), the Contractor (and/or any subcontractor) shall:

1.4.5.3.1 Protect all sensitive information, including any PII created, stored, or transmitted in the performance of this contract to avoid a secondary sensitive information incident with FIPS 140-2 validated encryption.

1.4.5.3.2 NOT notify affected individuals unless so instructed by the Contracting Officer or designated representative. If so instructed by the Contracting Officer or representative, the Contractor shall send IHS-approved notifications to affected individuals.

1.4.5.3.3 Report all suspected and confirmed information security and privacy incidents and breaches to the IHS Incident Response Team (IRT), COR, CO, IHS SOP (or his or her designee), and other stakeholders, including incidents involving PII, in any medium or form, including paper, oral, or electronic, as soon as possible and without unreasonable delay, no later than one (1) hour, and consistent with the applicable IHS and HHS policy and procedures, NIST standards and guidelines, as well as US- CERT notification guidelines. The types of information required in an incident report must include at a minimum: company and point of contact information, contract information, impact classifications/threat vector, and the type of information compromised. In addition, the Contractor shall:

1.4.5.3.3.1 cooperate and exchange any information, as determined by the Agency, necessary to effectively manage or mitigate a suspected or confirmed breach;

1.4.5.3.3.2 not include any sensitive information in the subject or body of any reporting e-mail; and

1.4.5.3.3.3 encrypt sensitive information in attachments to email, media, etc.

1.4.5.3.4 Comply with OMB M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information HHS and IHS incident response policies when handling PII breaches.

1.4.5.3.5 Provide full access and cooperate on all activities as determined by the Government to ensure an effective incident response, including providing all requested images, log files, and event information to facilitate rapid resolution of sensitive information incidents. This may involve disconnecting the system processing, storing, or transmitting the sensitive information from the Internet or other networks or applying additional security controls. This may also involve physical access to contractor facilities during a breach/incident investigation.

1.4.5.4 Position Sensitivity Designations

All Contractor (and/or any subcontractor) employees must obtain a background investigation commensurate with their position sensitivity designation that complies with Parts 1400 and 731 of Title 5, Code of Federal Regulations (CFR).

1.4.5.5 Homeland Security Presidential Directive (HSPD)-12

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

1.4.5.6 Contract Initiation and Expiration

1.4.5.6.1 General Security Requirements. The Contractor (and/or any subcontractor) shall comply with information security and privacy requirements, HHS Enterprise Performance Life Cycle (EPLC) processes, and HHS Enterprise Architecture requirements to ensure information is appropriately protected from initiation to expiration of the contract. All information systems development or enhancement tasks supported by the contractor shall follow the HHS EPLC framework and methodology and work will be conducted in accordance with the HHS Contract Closeout Guide (2012). HHS EA requirements may be located at https://www.hhs.gov/ocio/ea/documents/proplans.html.

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

1.4.5.6.3 Sanitization of Government Files and Information. As part of contract closeout and at the expiration of the contract, the Contractor (and/or any subcontractor) shall provide all required documentation to the CO and/or COR to certify that, at the government’s direction, all electronic and paper records are appropriately disposed of and all devices and media are sanitized in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

1.4.5.6.4 Notification. The Contractor (and/or any subcontractor) shall notify the CO and/or COR and system ISSO no later than one (1) week before an employee stops working under this contract.

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

1.4.5.6.6 Contractor Employee Separation Checklist. The Contractor (and/or any subcontractor) shall perform and document the actions identified in the IHS Contractor Employee Separation Checklist when an employee terminates work under this contract no later than one (1) week after the employee’s exit from the contract. All documentation shall be made available to the CO and/or COR upon request.

1.4.5.7 Records Management and Retention

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

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

1.4.5.8 Desktops, Laptops, and Other Computing Devices Required for Use by the Contractor. The Contractor (and/or any subcontractor) shall ensure that all IT equipment (e.g., laptops, desktops, servers, routers, mobile devices, peripheral devices) used to store and process information on behalf of HHS and IHS are deployed and operated in accordance with approved security configurations and meet the following minimum requirements:

1.4.5.8.1 Encrypt equipment and sensitive information stored and/or processed by such equipment in accordance with HHS and FIPS 140-2 encryption standards;

1.4.5.8.2 Configure laptops and desktops in accordance with the latest applicable United States Government Configuration Baseline (USGCB), and HHS/IHS Minimum Security Configuration Standards;

1.4.5.8.3 Maintain the latest operating system patch release and anti-virus software definitions per IHS Division of Information Technology Operations (DITO) policies and schedules;

1.4.5.8.4 Install vendor-released security patches and remediate critical and high vulnerabilities within vendor timeframes and per IHS DITO policies;

1.4.5.8.5 Validate the configuration settings after hardware and software installation, operation, maintenance, update, and patching and ensure changes in hardware and software do not alter the approved configuration settings; and

1.4.5.8.6 Automate configuration settings and configuration management in accordance with HHS security policies, including but not limited to:

1.4.5.8.6.1 Configuring its systems to allow for periodic HHS vulnerability and security configuration assessment scanning; and

1.4.5.8. 6.2 Using Security Content Automation Protocol (SCAP)-validated tools with USGCB Scanner capabilities to scan its systems at least on a monthly basis and report the results of these scans to the CO and/or COR, Project Officer, and any other applicable designated POC.

1.4.5.9 HHS-Controlled Facilities And Information Systems Security

1.4.5.9.1 To perform the work specified herein, Contractor personnel are expected to have routine: (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or hard copy; or (4) any combination of circumstances (1) through (3).

1.4.5.9.2 To gain routine physical access to an HHS facility, logical access to an HHS-controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; Office of Management and Budget memorandum (M- 05-24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigation procedures contained in the following documents:

1.4.5.9.2.1 HHS Information Security Program Policy.

http://www.hhs.gov/read/irmpolicy/121504.html

1.4.5.9.2.2 HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook, dated February 1, 2005.

http://www.knownet.hhs.gov/acquisition/pssh.pdf

1.4.5.9.2.3 HHS HSPD-12 Policy Document, v. 2.0.

http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005/m05-24.pdf

1.4.5.9.3 This contract/order will entail the following position sensitivity level(s): Level 5: Public Trust - Moderate Risk, or higher.

1.4.5.9.4 The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required.

The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (NACI) with fingerprinting. More restricted positions--i.e., those above non-sensitive, require more extensive documentation and investigation. The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.

1.4.5.9.5 Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays--see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.

1.4.5.9.6 Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more than the cost of the additional investigation(s).

1.4.5.9.7 The Contractor shall include language similar to this ``HHS-Controlled Facilities and Information Systems Security'' language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or hard copy; or (4) any combination of circumstances (1) through (3).

1.4.5.9.8 The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.

1.4.5.9.9 Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting Officer or designee.''

1.4.5.10 The Suitability Determination And Security Clearance Suitability determination and security clearance may be conducted by the Office of Personnel Management (OPM), by another Federal Agency, or by a commercial firm under contract to a Federal Agency. The suitability determination may include, but is not limited to, a review of prior government/military personnel records; review of FBI records and fingerprint files; searches of credit bureaus; personal interviews; and, written inquiries covering the subject's background.

For each employee position under the contract, the Contractor shall submit forms and information listed below:

SF 85P – Questionnaire for Public Trust Position (Form to be completed for positions designated as Levels 5, SC, 6, or 6C).

FD 258 – Fingerprint Charts (2 sets each).

The Contractor shall ensure that the employees it proposes for work under this contract have a reasonable chance for approval. If at any point during the investigation process, a proposed candidate is deemed ineligible or found to have other than favorable suitability, the contractor shall remove the candidate from consideration. Within ten (10) business days of notification for a replacement candidate, the contractor shall locate a qualified replacement candidate and submit the required documentation for background investigation processing.

Upon award of the contract, the Government will perform investigations on the proposed contractor personnel, per each labor category. There is no cost to the Contractor associated with the initial investigations, but the contractor is responsible for the reimbursement of the associated costs to the IHS for failed background investigations. Furthermore, multiple investigations for the same position due to failed background investigation or contractor personnel turnover/termination within a one (1) year period, will require reimbursement of the investigation fee from the contractor to the government. This fee will be assessed at no more than the actual cost of the additional investigation(s). The contractor will not be eligible for further contract awards with IHS until this fee is reimbursed to the IHS. The reimbursement is to be made by mailing an official check to the following address: Indian Health Service, OFA/DFO, 5600 Fishers Lane, Mailstop 10E54, Rockville, MD 20857 – or as identified by the Task Order CO. The applicable contract number shall be referenced on the memo line of the reimbursement check.

The Office of Personnel Management’s Investigations Billing Base Rates can be viewed via the link below:

https://nbib.opm.gov/hr-security-personnel/investigations-billing-rates-resources/billing-rates/future-billing-rates/

1.4.5.11 Organizational Conflict Of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the CO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the CO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the CO and in the event the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.4.5.12 Contractor Performance Evaluation Report

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. This evaluation shall become a part of the contract file and shall be used as past performance information in evaluating the Contractor’s, and any significant subcontractors’ or affiliates, past performance on future contracts. Contractor Performance Assessment Report System (CPARS) is an on-line reporting system http://www.cpars.csd.disa.mil/cparsmain.htm. The Contractor Performance Report is completed by the Project Officer electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor’s past performance.

1.4.5.13 Mandatory Training For All Contractor Personnel Requiring Physical Access To Ihs Facilities-- "Protecting Children From Sexual Abuse By Health Care Providers" It is a mandatory requirement that all contractor staff assigned to this contract shall take the training that is available via the IHS website, https://www.ihs.gov/sexualabuseprevention/training/, on protecting children from sexual abuse by health care providers, within 30 days from the contract award date, and yearly thereafter. Furthermore, all the new hires will be required to complete the training no later than 30 days after the assignment to the contract and before gaining physical access to all IHS tribal, urban, and federal facilities. Training shall be completed each year throughout the life of the contract period. This annual training covers the IHS Indian Health Manual Part 3 Chapter 20 policy that provides professional standards and guidance to protect against sexual abuse and misconduct or exploitation of children by health care providers. The training covers the rules and responsibilities by which all IHS federal and contractor staff need to know about their critical role in preventing sexual abuse of children.

Anyone with knowledge or suspicion of child abuse has a responsibility to immediately report the information to local law enforcement; the IHS Headquarters Division of Personnel Security and Ethics; or the HHS Office of the Inspector General. IHS health care practitioners, administrators, and other personnel including the contractor staff have a legal duty to report known or suspected abuse. When reporting a suspected child abuse case, the informer can be confident that the IHS Leadership will take the allegations seriously and without reprisal.

No later than ________________ (30 days after the award date), please respond to the Contracting Officer via email with evidence of a completion status on behalf of all contractor staff assigned under contract# _________________.