Professional Services Supplemental (Revised) .pdf

Professional Services Supplemental Effective Date: July 2024

Professional Services Supplemental /Solicitation #: BPM054263 This supplemental contains additional requirements under Section 2 of the solicitation.

1. Security Requirements

The following requirements are applicable to the Contract:

1.1. Employee Identification

a) Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor Personnel shall provide additional photo identification.

b) Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

c) Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion, that Contractor Personnel has not adhered to the Security requirements specified herein.

d) The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

1.2. Security Clearance / Criminal Background Check

The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

A. All personnel with access to drug evidence associated with this contract must have been subjected to a drug test within the past 24 months and may be subject to random drug testing during the duration of the contract. Documented verification of this requirement will be provided to the MDSP-FSD contract monitor upon the start of the contract or within 1 week of any personnel being newly assigned to the contract. Furthermore, no personnel with access to drug evidence associated with this contract shall have ever had a positive drug test for a controlled substance that cannot be legitimately explained. Any personnel testing positive for a controlled substance without a legitimate explanation will be removed immediately from working on this contract. Notification of the MDSP-FSD contract monitor must occur within 1 day of any personnel testing positive for a controlled substance without a legitimate explanation.

B. A criminal background check for any Contractor Personnel providing any services/roles shall be completed prior to each Contractor Personnel providing any services under the Contract prior to Contract award.

C. The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS) State and federal criminal background check, including fingerprinting, for all Contractor Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.

D. The Contractor shall obtain from each individual assigned to work on the Contract a statement permitting a criminal background check. The State will obtain a criminal background check for each individual using a source of its choosing. The Contract Monitor reserves the right to reject any individual based upon the results of the background check.

E. Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final.

F. The CJIS criminal record check of each Contractor Personnel who will work on State premises shall be reviewed and documented by the Contractor for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article:

1) §§ 6-101 through 6-104, 6-201 through 6-205, 6-409 (various crimes against property);

2) any crime within Title 7, Subtitle 1 (various crimes involving theft);

3) §§ 7-301 through 7-303, 7-313 through 7-317 (various crimes involving telecommunications and electronics);

4) §§ 8-201 through 8-302, 8-501 through 8-523 (various crimes involving fraud);

5) §§9-101 through 9-417, 9-601 through 9-604, 9-701 through 9-706.1 (various crimes against public administration); or

6) a crime of violence as defined in CL § 14-101(a).

G. Contractor Personnel that would have access to systems supporting the State or to State data who have been convicted of a felony or convicted of a crime involving telecommunications and electronics or convicted within the past five (5) years of a misdemeanor from the above list of crimes shall not be permitted to work on the Contract.

H. A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in Contractor Personnel not being permitted to work on those premises. Upon receipt of a location’s more restrictive conditions regarding criminal convictions, the Contractor shall provide an updated certification regarding the Contractor Personnel working at or assigned to those premises.

I. The offeror’s laboratory shall have a documented random drug testing program for the employees.

1.3. On-Site Security Requirement(s)

THIS SECTION IS INAPPLICABLE TO THIS RFP.

2. Department of Human Services (DHS) Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

3. Substitution of Personnel

If the solicitation requires that a particular individual or personnel be designated by the Bidder/Offeror to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Monitor prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the Contract Monitor, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

4. Location of the Performance of Services Disclosure

The Bidder/Offeror is required to complete and submit with the Bid/Proposal the Location of the Performance of Services Disclosure. A copy of this Disclosure is included as Attachment K.

5. HIPAA - Business Associate Agreement

A HIPAA Business Associate Agreement is not required for this procurement.

6. Data Use Agreement

6.1 Information Technology Security

A. Contractors shall comply with and adhere to the State IT Security Manual, Policies and Standards. These policies may be revised from time to time and the Contractor shall comply with all such revisions. Updated and revised versions of the State IT Policy and Standards are available online at: Policies, Standards, and Guidelines.

B. The Contractor shall not connect any of its own equipment to a State LAN/WAN without prior written approval by the State as directed and coordinated with the Contract Monitor.

The Contractor shall:

1) For IT Security Policies and Standards that are no covered by the State IT Security Manual, the Contract shall Implement administrative, physical, and technical safeguards to protect State data that are no less rigorous than accepted industry best practices for information security such as those listed below….

A) Beginning on the Service Level Agreement (SLA) Activation Date, for any performance measurement not met during the monthly reporting period, the SLA credit for that individual measurement shall be applied to the Monthly Charges.

B) Service credits will be cumulative for each missed service requirement. The State, at its option for amounts due to the State as service credits, may deduct such from any money payable to the Contractor or may bill the Contractor as a separate item. In the event of a catastrophic failure affecting all service in addition to all other rights and remedies available to the State, all affected SLAs shall be credited to the State.

C) In no event shall the aggregate of all SLA credits paid to the State in any calendar month exceed 25%>> of the Monthly Charges.

Example: If the Monthly Charges were $100,000 and one SLA were missed, with an applicable 4% credit, the credit to the monthly invoice would be $4,000, and the State would pay a net Monthly Charge of $96,000.

D) The parties agree that any assessment of service credits shall be construed and treated by the parties not as imposing a penalty upon the Contractor, but as compensation to the State for the Contractor’s failure to satisfy its service level obligations.

https://doit.maryland.gov/cybersecurity/Pages/policies-and-guidance.aspx

2) Ensure that all such safeguards, including the manner in which State data is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws as well as the terms and conditions of the Contract; and

3) Ensure compliance with all applicable federal, State, and local laws, rules and regulations concerning security of Information Systems and Information Technology.

6.2 Data Protection and Controls

A. Contractor shall ensure a secure environment for all State data and any hardware and software

(including but not limited to servers, network and data components) provided or used in connection with the performance of the Contract according to a written security policy (“Security Plan”) no less rigorous than that of the State and using best practices that comply with an accepted industry standard, such as the NIST cybersecurity framework.

1) The Security Plan shall detail the steps and processes employed by the Contractor as well as the features and characteristics which will ensure compliance with the security requirements of the Contract. Such Security Plan shall be provided to the State for its review with solicitation response. If awarded a contract, the Security Plan shall be provided on an annual basis or whenever updates are made.

2) The Contractor shall supply a copy of such policy to the State for validation, with any appropriate updates, on an annual basis.

3) If any Security Plan information, including procedures, are different based on a Task Order, Contractor shall furnish such differences to the respective TO Manager.

B. To ensure appropriate data protection safeguards are in place, the Contractor shall implement and maintain the following controls during the Contract Term (the Contractor may augment this list with additional controls):

1) Establish separate production, test, and training environments for systems supporting the services provided under the Contract and ensure that production data is not utilized in test or training environment(s).

2) Apply hardware and software hardening procedures as recommended by Center for Internet Security (CIS) guides, Security Technical Implementation Guides (STIG), or similar industry best practices to reduce the systems’ surface of vulnerability, eliminating as many security risks as possible and documenting what is not feasible or not performed according to best practices. Any hardening practices not implemented shall be documented with a plan of action and milestones including any compensating control. These procedures may include but are not limited to removal of unnecessary software, disabling or removing unnecessary services, removal of unnecessary usernames or logins, and the deactivation of unneeded features in the Contractor’s system configuration files.

3) Ensure that State data is not commingled with non-State data through the proper application of compartmentalization Security Measures.

4) Apply data encryption to protect Sensitive Data at all times, including in transit, at rest, and also when archived for backup purposes. Unless otherwise directed, the Contractor is responsible for the encryption of all Sensitive Data.

5) Apply data encryption to all Contractor managed or controlled State data when the data is in transit over untrusted network segments.

6) Utilize encryption algorithms for encrypting data that comply with current Federal Information Processing Standards (FIPS), “Security Requirements for Cryptographic Modules.”

7) Enable appropriate logging parameters to monitor user access activities, authorized and failed access attempts, system exceptions, and critical information security events as recommended by the operating system and application manufacturers and information security standards, including the Maryland Department of Information Technology’s Information Security Manual.

8) Retain the aforementioned logs and review them at least daily to identify suspicious or questionable activity for investigation and documentation as to their cause and remediation, if required. The State shall have the right to inspect the logs and the Contractor or subcontractor’s performance to confirm the effectiveness of these measures for the services being provided under the Contract.

9) Ensure system and network environments are separated by properly configured and updated layer seven firewalls.

10) Restrict network connections between trusted and untrusted networks by physically or logically isolating systems from unsolicited and unauthenticated network traffic.

11) By default “deny all” and only allow access by exception.

12) Review, at least annually and after changes, the aforementioned network connections, documenting and confirming the business justification for the use of all service, protocols, and ports allowed, including the rationale or compensating controls implemented for those protocols considered insecure but necessary.

13) Perform regular internal and external vulnerability testing of operating system, applications, and all network devices utilized in this Contract. Such testing is expected to identify outdated software versions; missing software patches; device or software misconfigurations; and to validate compliance with or deviations from the security policies applicable to the Contract. Contractor shall evaluate all identified vulnerabilities for potential adverse effect on security and integrity and remediate the vulnerability no later than 30 days following the earlier of vulnerability’s identification or public disclosure, or document why remediation action is unnecessary or unsuitable. The State shall have the right to conduct vulnerability testing and inspect the results of similar Contractor performed vulnerability testing to confirm the effectiveness of these measures for the services being provided under the Contract.

14) Enforce strong user authentication and password control measures to minimize the opportunity for unauthorized access through compromise of the user access controls. At a minimum, the implemented measures should be consistent with the most current Maryland Department of Information Technology’s Information Security Policies, including specific requirements for password length, complexity, history, and account lockout.

15) Ensure State data is not processed, transferred, or stored outside of the continental United States (“U.S.”). The Contractor shall provide its services to the State and the State’s end users solely from data centers in the U.S. Unless granted an exception in writing by the State, the Contractor shall not allow Contractor Personnel to store State data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. Contractor Personnel may access State data remotely only as required to provide technical support and with the prior approval of the State.

16) Ensure Contractor Personnel shall not connect any of their own equipment to State IT assets without prior written approval by the State. Any such approval may be revoked, rescinded, or curtailed at any time for any reason. The Contractor shall coordinate requests for approval with the Contract Monitor and is subject to all State approval processes as they may be revised from time to time.

17) Ensure that anti-virus and anti-malware software is installed and maintained on all systems and end points supporting the services provided under the Contract; that the anti-virus and anti-malware software is automatically updated; and that the software is configured to actively scan and detect threats to the system for remediation. The Contractor shall perform routine vulnerability scans and take corrective actions for any findings.

18) Conduct regular external vulnerability testing designed to examine the service provider’s security profile from the Internet without benefit of access to internal systems and networks behind the external security perimeter. Evaluate all identified vulnerabilities on Internet-facing devices for potential adverse effect on the service’s security and integrity and remediate the vulnerability promptly or document why remediation action is unnecessary or unsuitable. The State shall have the right to inspect the Contractor’s processes and the performance of vulnerability testing to confirm the effectiveness of these measures for the services being provided under the Contract.

6.3 Disaster Recovery and Data

6.3.1 Redundancy, Data Backup and Disaster Recovery

a) Unless specified otherwise, throughout the Contract term, the Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services. Any force majeure provisions of the Contract do not limit the Contractor’s obligations under this provision.

b) The Contractor shall have robust contingency and disaster recovery (DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused.

1) The Contractor shall furnish a DR site.

2) The DR site shall be at least 100 miles from the primary operations site, and have the capacity to take over complete production volume in case the primary site becomes unresponsive.

c) The contingency and DR plans must be designed to ensure that services under the Contract are restored after a disruption within 24 hours from notification, with a recovery point objective of one hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services.

d) The Contractor shall test the contingency/DR plans at least twice annually to identify any changes that need to be made to the plan(s) to ensure a minimum interruption of service.

Coordination shall be made with the State to ensure limited system downtime when testing is conducted. At least one annual test shall include backup media restoration and failover/fallback operations at the DR location. The Contractor shall send the Contract Monitor a notice of completion following completion of DR testing.

e) Such contingency and DR plans shall be available for the State to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

6.4 Security Incident Response

A. The Contractor shall notify the State when any Contractor system that may access, process, or store State data or State systems experiences a Security Incident or a Data Breach as follows:

1) notify the State within twenty-four (24) hours of the discovery of a Security Incident by providing notice via written or electronic correspondence to the Contract Monitor, State Chief Information Security Officer and Maryland Security Operations Center (MD-SOC);

2) notify the State within seventy-two (72) hours if there is a threat to Contractor’s solution as it pertains to the use, disclosure, and security of State data; and

3) provide written notice to the State within one (1) Business Day after Contractor’s discovery of unauthorized use or disclosure of State data and thereafter all information the State requests concerning such unauthorized use or disclosure.

B. Contractor’s notice shall identify:

1) the nature of the unauthorized use or disclosure;

2) the State data used or disclosed,

3) who made the unauthorized use or received the unauthorized disclosure;

4) what the Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure; and

5) what corrective action the Contractor has taken or shall take to prevent future similar unauthorized use or disclosure.

6) The Contractor shall provide such other information, including a written report, as reasonably requested by the State.

C. Discussing Security Incidents with the State should be handled on an urgent as-needed basis, as part of Contractor communication and mitigation processes as mutually agreed upon, defined by law or contained in the Contract. The Contractor shall obtain approval from the State prior to communicating with outside parties regarding a Security Incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise.

D. The Contractor shall comply with all applicable system security breach laws.

6.5 Data Breach Responsibilities

A. If the Contractor reasonably believes or has actual knowledge of a Data Breach, the Contractor shall, unless otherwise directed:

1) Notify the appropriate State-identified contact within 24 hours by telephone and email to the Maryland Security Operations Center (MD-SOC) in accordance with the agreed upon security plan or security procedures unless a shorter time is required by applicable law;

2) Cooperate with the State to investigate and resolve the data breach;

3) Promptly implement commercially reasonable remedial measures to remedy the Data Breach; and

4) Document responsive actions taken related to the Data Breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services.

B. With respect to State data within the possession or control of the Contractor, the Contractor shall bear the costs associated with (1) the investigation and resolution of the data breach; (2) notifications to individuals, regulators or others required by State law; (3) a credit monitoring service required by State or federal law; (4) a website or a toll-free number and call center for affected individuals required by State law; and (5) complete all corrective actions as reasonably determined by Contractor based on root cause; all [(1) through (5)] subject to the Contract’s limitation of liability.

C. The public disclosure of a cybersecurity incident shall be pursuant to Guidelines for the Public Disclosure of Cybersecurity Incidents or any successor thereto..

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

https://doit.maryland.gov/cybersecurity/Documents/Cybersecurity-Guidelines-PDCI.pdf