RFQ 75N98020Q00029 Final 8320.docx

RFQ 75N98020Q00029

ONC Communications Support Requirement

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is being issued using Simplified Acquisition Procedures under the Authority of FAR Subpart 13.5.

This solicitation is a request for quotes (RFQ) under RFQ Number 75N98020Q00029. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) FAC 2020-07, dated July 7, 2020. The associated North American Industry Classification System (NAICS) code for this procurement is 541990-All Other Professional, Scientific, and Technical Services with a size standard of $16,500,000. This RFQ is set aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.

LINE ITEMS

Base Year

Task 3 and 4-LH

TBD

Option Year 1

Task 3 and 4-LH

TBD

Option Year 2

Task 3 and 4-LH

TBD

Option Year 3

Task 3 and 4-LH

TBD

Option Year 4

Task 3 and 4-LH

TBD

GRAND TOTAL OF BASE + OPTION YEARS TBD

* The vendor is required to provide a replacement contractor employee if a contractor employee is absent including for extended leave (a week or more). If a replacement cannot be provided, the vendor is required to provide a pro rata price adjustment for said absences.

CONTRACT TYPE

The contract type is a hybrid type contract with firm fixed price (FFP) contract line items (CLIN) and Labor Hour (LH) contract line items (CLIN) contract based on the tasks. Task 1 and 2 will be FFP and Task 3 and 4 are LH. For tasks 1 and 2, contractor employees are to work a 5 day work week with 40 hours a week; excluding holidays and weekends.

BRIEF DESCRIPTION OF SERVICES

This contract will provide communications support services for the Office of the National Coordinator for Health Information Technology (ONC). This includes, but is not limited to:

· strategic messaging development and implementation;

· individual product/project communications planning;

· communications activity monitoring and management;

· content development for blogs, web, social media, speeches and presentations;

· copy editing of products and communication collaterals to be published;

· graphic design support (print and web);

· video and animation support for social and web.

This communications work will support ONC’s Offices and Divisions that are focused on ONC’s mission to improve the health and well-being of individuals and communities through the use of technology and health information that is accessible when and where it matters most. ONC is organizationally located within the Office of the Secretary for the U.S. Department of Health and Human Services (HHS). Ultimately this contract will help ensure relevant information is communicated to ONC’s various stakeholders in a timely manner and with the most impact.

SECTION 2 - Description/Specifications/Statement of Work

PURPOSE AND SCOPE

The purpose of this contract is to provide communications support for the Office of the National Coordinator for Health Information Technology (ONC). The vendor is required to have three (3) staff on site at the Mary K Switzer building located at 330 C Street SW, 6th floor Washington, DC 20201. The contractor will not be required to work onsite until ONC’s offices re-open and will be allowed to telework.

According to the current HHS guidelines, the use of Personal Protective Equipment (PPE) is required in federal buildings and employees should practice social distancing to the maximum extent practicable. Contractors should work with the respective program managers to follow additional company rules and regulations and obtain the required PPE before returning to the federal workspace.

Whether work is continued or stopped should be addressed on a case-by-case basis, taking into consideration the health and safety of government and contractor employees. These discussions should include consideration of guidance from CDC and local public health officials to determine if there is a risk-based reason to stop work and, if work continues, steps that might need to be taken to address the health and safety of workers.

Until that the happens the contractors will be required to work remotely. The Federal Government's telework law and recent announcements cover only Federal managers and employees, not contractors or their employees. Federal contractors are responsible for managing their workforces, including how their employees, consistent with their own telework policies, use telework and the contract terms they have negotiated with Federal agencies. However, in the spirit of OMB's guidance, which seeks to maximize the use of telework, and FAR Subpart 7.108, which instructs agencies not to discourage contractor use of telework when consistent with contractual requirements, agencies are strongly encouraged to work with their contractors to evaluate and maximize telework for their contractor employees, wherever possible, as a way to enable continued contract performance consistent with the health and safety of their contractor and government personnel.

The capability to telework to work directly with ONC’s offices and divisions to ensure communications needs are met in a way that aligns with ONC’s strategic objectives. Specifically, the vendor will work directly with the Division of Public Affairs and Communications (DPAC), Chief Scientist Division, Clinical Division, Office of Policy, Office of Technology, and the Office of the Chief Operating Officer. The contract will be managed by ONC’s DPAC with contractor employee’s being assigned a portfolio of communications work with specific ONC offices or divisions. The vendor staff will be assigned work by the offices and divisions they are supporting, working as an onsite communications consultant. They will work in close coordination with DPAC to ensure alignment of communications activities with ONC priorities. In addition to the onsite staff, the vendor will also have capacity for graphic design, short video production, media strategy, web design and 508 remediation of documents and web content.

Task 1 – Communications Strategy and Implementation (FFP)

· Proactively work with ONC offices and divisions to ensure that communication needs are anticipated and advise offices on the best way to promote their work. This may include: shepherding a blog post from draft to publication, developing web content and graphics, developing social media and email content, or other communications activities such as peer-reviewed journal submissions. Onsite staff will become subject matter experts (SMEs) in their assigned portfolio of work. This will include attending office and division communication planning meetings and as well as attending staff meetings to get a sense of their communications needs.

· Make recommendations to both the ONC offices and divisions and to DPAC about the appropriate communications strategy for particular ONC offices or division’s work or deliverables.

· Develop or enhance an existing reporting method or system to ensure DPAC and offices and divisions are aware of the communications work being done by DPAC and other ONC offices and divisions.

· Help coordinate ONC office and division communication priorities to ensure that timing and method of communication (e.g. social media, peer-reviewed submissions, web content etc.) are planned in a way to align with ONC priorities and reach selected stakeholders.

· Work with offices and divisions on individual and cross-messaging between ONC offices and divisions, with other HHS staff divisions and operating divisions, and with other agencies and departments as needed.

· Provide monthly reports on major work accomplished, hours burned, and documents and deliverables created.

· Task 2 –Develop Communications Materials (FFP)

· Coordinate drafting, copy-editing, and finalizing of communication products and materials based upon communications plan. This work includes conducting advanced planning and developing a communications plan along with short summaries of products being release for ONC's e-blast (newsletter), social media posts (i.e., Tweets and LinkedIn posts), and blog posts; as well as targeted outreach materials for individual stakeholders or stakeholder organizations as identified for a given product (e.g., email alerting a given stakeholder organization about recently released report with a suggested newsletter article for their membership newsletter).

· Assist ONC offices and divisions with developing presentations and talking points as needed for presentations and speaking engagements.

· Draft and finalize communications plans for specific, individual products being released as needed in coordination with DPAC and ONC office or division staff.

· The contractor shall be responsible for ensuring that content from all documents, presentations, or other deliverables to be published on the HealthIT.gov (or other Federal) website is compliant with Section 508 of the amended Rehabilitation Act, specifically Section 1194.22 Web-based Internet information. Attention should be paid to elements a, b, d, g, h, i and k. Also section 1194.24 multi-media products with attention to elements c and d. For additional information regarding Section 508 of the amended Rehabilitation Act, see Section [Section within RFP/RFTO with 508 requirements].

· The vendor will assist ONC office and division staff with media interview preparation as needed.

· Task 3 – Web Content Review and Development (LH)

· The vendor will familiarize themselves with the web content of each office and division and assist with identifying and updating that content to ensure it is well-presented, up-to-date, and accurate. Best practices for web design should also be considered when making recommendations on page updates.

· Onsite vendor staff will work with SMEs to draft web content on behalf of the offices and divisions and ensure publication happens in a timely manner to coincide with communications rollouts.

· Further, one of the of the onsite vendors will have primary responsibility for curating all website content including: identifying outdated content, working with SMEs to update content, and making recommendations on improving web content and archiving out of date information.

· Review the monthly website survey results for the pages owned by ONC offices and divisions and make recommendations for improving the pages that have more negative web page satisfaction surveys as appropriate.

· Content updates for sub-domains – in addition to healthIT.gov there are several sub-domains that may require content updates. The vendor will work with offices and divisions, DPAC, and the website developer to ensure content is appropriately updated as needed.

Task 4 – Graphic Design and Digital Media Creation (LH)

· Develop and maintain a graphics library for social media, and email and web communications. The library is hosted by HHS with the data within owned by HHS.

· Maintain the graphic library so that ONC staff can re-use these graphics.

· Graphic design support will also be required for PowerPoint presentations, fact sheets, infographics, and other promotional/educational materials required by ONC.

· Develop short videos and animations for web and social communications.

Deliverable Schedule

Task 1— Communications Strategy and Implementation

Communications Strategy for individual rollouts.

Communications calendars and tick-tocks for rollouts.

Coordination in the form of emails, meetings, and rollout documents.

Monthly Reports Ongoing after award date

Monthly Report is due 10th of each month for the previous month.

Ongoing after award date

24 hours after request for more complex graphics for reports and PowerPoint slides.

GOVERNMENT FURNISHED EQUIPMENT

The government will furnish a laptop or desktop PC with HHS email account and access to the ONC intranet and shared drive for the onsite contract staff.

All contractor staff at the contractor sites shall have the necessary software, hardware, and peripherals needed to perform the work described in the requirements. Contractor staff shall have a workstation with a computer, telephone, and access to necessary equipment and supplies needed to perform their work. The Contractor must ensure that it safeguards any equipment and information that is provided. All sensitive information in hard copy or electronic format shall be protected in accordance with HHS policy.

End of Statement of Work

FAR and HHSAR Provisions/Clauses Incorporated by Reference:

· FAR Provision 52.212-1 Instructions to Offerors—Commercial Items (Oct 2018)

· FAR Clause 52.212-4 Contract Terms and Conditions—Commercial Items (Oct 2018)

· FAR Clause 52.242-15 Stop-Work Order (Aug 1989)

· HHSAR Clause 352.203-70 Anti-Lobbying (December 18, 2015)

· HHSAR Clause 352.208-70 Printing and Duplication (December 18, 2015)

· HHSAR Clause 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)

· HHSAR Clause 352.224-71 Confidential Information (December 18, 2015)

· HHSAR Clause 352.239-73 Electronic Information and Technology Accessibility Notice (December 18, 2015)

FAR and HHSAR Provisions/Clauses Provided in Full

· FAR Provision 52.212-3 Offeror Representations and Certifications—Commercial Items (June 2020)-Quoters are required to include a completed copy of the provision in their quote. See Attachment #1

· FAR Clause 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (July 2020)-See Attachment #2

· Invoicing Instructions-See Attachment #3

FAR Clauses 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days of contract expiration.

(End of clause) FAR Clause 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared Annually as follows on [Insert Dates]. Interim and Final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final. Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

b. Electronic Access to Contractor Performance Evaluations Contractors may access evaluations through a secure Web site for review and comment at the following address: http://www.cpars.gov

CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this Contract:

TBD

The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements.

The Government may unilaterally change its COR designation.

INFORMATION SECURITY AND/OR PHYSICAL ACCESS SECURITY

(a) 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 in hard copy; or (4) any combination of circumstances (1) through (3).

(b) 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) HHS Information Security Program Policy;

(2) HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook, dated February 1, 2005; and

(3) HHS HSPD-12 Policy Document, v. 2.0.

(c) This contract will entail the following position sensitivity level(s): 1

(d) 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. As part of its quote, and if the anticipated position sensitivity levels are specified in paragraph (c) above, the Quoter shall notify the Contracting Officer of (1) its proposed personnel who will be subject to a background check/investigation and (2) whether any of its proposed personnel who will work under the contract have previously been the subject of national agency checks or background investigations.

(e) 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, if position sensitivity levels are specified in paragraph (c), the Quoter shall ensure that the employees it proposes for work under this contract have a reasonable chance for approval.

(f) 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).

(g) 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 in hard copy; or

(4) any combination of circumstances (1) through (3).

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

(i) 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.

Additional HSPD-12/security language A. Baseline Security Requirements

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

a. 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.

b. 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.

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:

a. Protect government information and information systems in order to ensure:

· 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;

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

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

b. 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.

c. 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.

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

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 representative, 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:

Overall Risk Level: [] Low [X] Moderate [] High

Based on 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:

[ X] No PII [ ] Yes PII 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

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 a regulation or statute, handled by this solicitation/contract, shall be:

a. marked appropriately;

b. disclosed to authorized personnel on a Need-To-Know basis;

c. 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

d. 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.

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.

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 in the performance of the contract. The Contractor assumes responsibility for 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 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 employee or subcontractor 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 policies. Unauthorized disclosure of information will be subject to the HHS sanction policies and/or governed by the following laws and regulations:

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

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

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

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

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, the HTTPS is not required, but it is highly recommended.

9) Contract Documentation. The Contractor shall use provided templates, policies, forms and other agency documents. Any documents required by HHS to fulfill contract requirements will be provided after contractor on-boarding and credentials are completed, to comply with contract deliverables as appropriate if necessary.

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

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

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

c. Secure all devices (i.e.: desktops, laptops, mobile devices, etc.) that store and process government information and ensure devices meet HHS and HHS/OS/OCIO-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).

d. 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 COR, within 30 days

e. 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 for 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.

11) 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 HHS and or HHS/PSC non-disclosure agreement., as applicable. A copy of each signed and witnessed NDA shall be submitted to the Contracting Officer (CO) and/or CO Representative (COR) prior to performing any work under this acquisition.

12) Privacy Threshold Analysis (PTA)/Privacy Impact Assessment (PIA) – The Contractor shall assist the HHS/PSC 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.

a. If the results of the PTA show that a full PIA is needed, the Contractor shall assist the HHS/PSC SOP or designee with completing a PIA for the system or information within 90 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 EGovernment Act of 2002.

b. The Contractor shall assist the HHS/PSC 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.

B. Training

1) Mandatory Training for All Contractor Staff. All Contractor (and/or any subcontractor) employees assigned to work on this contract shall complete the applicable HHS/HHS Cybersecurity Contractor Information Security Awareness, Privacy, and Records Management training (provided upon contract award) before performing any work under this contract. Thereafter, the employees shall complete HHS OS Information Security Awareness, Privacy, and Records Management training at least annually, during the life of this contract. All provided training shall be compliant with HHS training policies.

2) Role-based Training. All Contractor (and/or any subcontractor) employees with significant security responsibilities (as determined by the program manager) must complete role-based training annually commensurate with their role and responsibilities in accordance with HHS policy and the HHS Role-Based Training (RBT) of Personnel with Significant Security Responsibilities Memorandum.

3) Training Records. The Contractor (and/or any subcontractor) shall maintain training records for all its employees working under this contract in accordance with HHS policy. A copy of the training records shall be provided to the CO and/or COR within 30 days after contract award and annually thereafter or upon request.

C. Rules of Behavior

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.

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 HHS Information Security Awareness Training. If the training is provided by the contractor, the signed ROB must be provided as a separate deliverable to the CO and/or COR per defined timelines above.

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

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 Federal Information Security Modernization Act (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”.

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

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

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 HHS/OS approved notifications to individuals within 48 hours via email.

3) Report all suspected and confirmed information security and privacy incidents and breaches to the HHS OSCyber Security, Incident Response Team (IRT) oscybersecurity@hhs.gov, COR, CO, PSC 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 PSC 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:

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

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

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

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

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.

Time line of action will be followed in accordance with HHS/OS Cyber Security guidance.

E. 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). The following position sensitivity designation levels apply to this solicitation/contract: Tier 4.

F. 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.

For additional information, see HSPD-12 policy at: https://www.dhs.gov/homeland-securitypresidential-directive-12)

Roster. The Contractor (and/or any subcontractor) shall submit a roster by name, position, email address, phone number and responsibility, of all staff working under this acquisition where the Contractor will develop, have the ability to access, or host and/or maintain a government information system(s). The roster shall be submitted to the COR and/or CO within 30 days of the effective date of this contract. Any revisions to the roster as a result of staffing changes shall be submitted within 30 days of the change. The COR will notify the Contractor of the appropriate level of investigation required for each staff member. During the hiring process the employee/contractor will be processed via HHS onboarding requirements.

If the employee is filling a new position, the Contractor shall provide a position description and the Government will determine the appropriate suitability level.

G. Contract Initiation and Expiration

1) General Security Requirements. The Contractor (and/or any subcontractor) shall comply with information security and privacy requirements, Enterprise Performance Life Cycle (EPLC) processes, 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 if required and in accordance with the HHS Contract Closeout Guide (2012).

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 EPLC that require artifact review and approval.

3) Sanitization of Government Files and Information. As part of contract closeout and at 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. This will only be required if the project, product or service will be terminated at the contract end of life.

4) Notification. The Contractor (and/or any subcontractor) shall notify the CO and/or COR and system ISSO within 60 days before an employee stops working under this contract.

5) Contractor Responsibilities Upon Physical Completion of the Contract. The contractor (and/or any subcontractors) shall return all government information and IT resources (i.e., 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 HHS policies.

6) The Contractor (and/or any subcontractor) shall perform and document the actions identified in the HHS Contractor Employee Separation Checklist https://www.hhs.gov/sites/default/files/hhs-419.pdf when an employee terminates work under this contract within 60 days of the employee’s exit from the contract. All documentation shall be made available to the CO and/or COR upon request.

H. 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/OS policies and shall not dispose of any records unless authorized by HHS/OS.

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/OS policies.

RESTRICTIONS ON CONTRACT ACCESS TO GOVERNMENT OR THIRD PARTY INFORMATION

The purpose of this clause is to set forth the restrictions that will govern Contractor employees’ access to Government or third party information in order to protect the information from unauthorized use or disclosure.

A. Under this contract, the Contractor will have access to Contractor proprietary information and other nonpublic information.

B. Restrictions on use and disclosure of information.

(1) With regard to any information to which the Contractor is given access in performance of this contract, whether the information comes from the Government or from third parties, the Contractor shall:

(i) Utilize the information only for the purposes of performing the services specified in this contract, and not for any other purposes;

(ii) Safeguard information from unauthorized use and disclosure;

(iii) Allow access to the information only to those employees who need it to perform services under this contract;

iv) Preclude access and disclosure of information to persons and entities outside of the Contractor's organization that do not have authority to access the information;

(v) Inform employees, who may require access to information, about their obligations to utilize it only to perform the services specified in this contract and to safeguard that information from unauthorized use and disclosure; and

(vi) Ensure each employee complies with the restrictions set forth in (i), (ii), (iii), and (iv) above.

(2) Unless specifically permitted in writing by the Contracting Officer, the Contractor shall not use information acquired in performance of the contract, or generated by or for the Government to:

(3) If the Contractor is exposed to information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall:

C. Breach of any of the conditions of this modification may provide grounds for the Government to:

(i) Require the contractor to remove the contract employee or employees from performance of the contract;

(ii) Require the contractor to terminate the subcontractor;

(iii) Suspend contractor payments;

(iv) Terminate this contract for default or cause;

(v) Suspend or debar the Contractor for serious misconduct affecting present responsibility; and;

(vi) Pursue such other remedies as may be permitted by law, regulation, or this contract.

D. Unauthorized disclosure or other misuse of information protected by the Privacy Act of 1974 may result in a fine up to $5,000 and /or other penalties. In addition, unauthorized disclosure or other misuse of information covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, or imprisonment up to 1 year, or both.

E. The Contractor shall flow down this clause to subcontractors at all tiers.

Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner which provides for greater rights to the Contractor.

The Contractor agrees not to release or disclose, verbally or in writing, information pertaining to the results or findings of work (including data collection, analyses, draft, or final papers and reports) for the period of this contract without first notifying the COR in writing at least 21 days…