Solicitation_HHS_7571MN26Q00056_eFax.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

OMAS-MN FOH-418 CODE 16. ADMINISTERED BYCODE

X

X

518210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OROMAS-MN

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/17/2026 1600 ET

08/07/2026

MILDRED MOSS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

7571MN26Q00056

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 111 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Rockville MD 20852

5600 Fishers Lane

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$40

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

OMAS Mission Support WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

Rockville MD 20852

5600 Fishers Lane - Mail Stop 15N14

Health and Human Services PSC/FOH

Rockville MD 20852

5600 Fishers Lane

OMAS Mission Support

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a solicitation to acquire eFax Cloud Services.

The estimated contract period of performance (including Option Periods) is five (5) years from 09/25/2026-09/24/2031, for deliverables specified in the Statement of Work and outlined in Section B of the solicitation.

Questions and submission instructions (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Lynn Tantardini

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

are found in Section J and Section L.4 and L.5 of the solicitation.

Period of Performance: 09/25/2026 to 09/24/2027

1 BASE: eFax Cloud Services: Labor, Licenses

(Enterprises 50), Set up fees (one time).

Delivery: 09/25/2026

2 Option Period 1: eFax Cloud Services: Labor, Licenses (Enterprises 50)

(Option Line Item)

Delivery: 09/25/2027

Period of Performance: 09/25/2027 to 09/24/2028

3 Option Period 2: eFax Cloud Services: Labor, Licenses (Enterprises 50)

(Option Line Item)

Delivery: 09/25/2028

Period of Performance: 09/25/2028 to 09/24/2029

4 Option Period 3: eFax Cloud Services: Labor, Licenses (Enterprises 50)

(Option Line Item)

Delivery: 09/25/2029

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

111 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 111

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

7571MN26Q00056

Period of Performance: 09/25/2029 to 09/25/2030

5 Option Period 4: eFax Cloud Services: Labor, Licenses (Enterprises 50)

(Option Line Item)

Delivery: 09/25/2030

Period of Performance: 09/25/2030 to 09/25/2031

Offers are due on 08/17/2026 at 4:00pm

Eastern Time.

All questions/inquiries concerning the solicitation document must be submitted by e-mail to the Contract Specialist at mildred.moss@hhs.gov no later than

August 12th 2026 at 4:00pm EST.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SOLICITATION: INFORMATION TECHNOLOGY (IT) MODERNIZATION – EFAX

Far Part 12- Commercial Items

SECTION A - SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

Section Page No. Contents Pages 1-3 Solicitation Cover Page (FORM 336 (4-86)) A Page 4 Table of Contents B Page 5 Supplies or Services and Prices/Costs C Page 8 Description/Specifications/Statement of Work D Page 30 Packaging and Marking E Page 31 Inspection & Acceptance F Page 32 Deliveries or Performance G Page 34 Contract Administration Data H Page 38 Special Contract Requirements I Page 44 Contract Clauses J Page 82 List of Attachments K Page 83 Representations, Certifications, and Other Statements of Offerors or

Respondents L Page 97 Instructions, Conditions, and Notices to Offerors or Respondents

M Page 105 Evaluation Factors for Award

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BRIEF DESCRIPTION OF SERVICES

To modernize communication channels and support Federal Occupation Health (FOH)’s digital transformation, FOH requires a secure, FedRAMP‑authorized, cloud‑based electronic fax (eFax) service capable of supporting enterprise‑wide Health Insurance Portability & Accountability Act (HIPAA)‑compliant digital inbound and outbound faxing. The eFax solution is essential for enabling FOH program areas to exchange sensitive documents rapidly, reliably, and in alignment with federal cybersecurity, privacy, and interoperability standards.

B.2 TYPE OF CONTRACT

The Government intends to award a Fixed Price contract.

B.3 SEVERABLE SERVICES

The services acquired under this contract are severable services. Funds are only available for use for the contract line item (CLIN) to which they are obligated. Unused funds from one CLIN may not rollover for use in other periods.

B.4 CONSIDERATION AND PAYMENT

In consideration of satisfactory performance of the work as described throughout this contract, the Contractor shall be paid a fixed price for each CLIN (if exercised). If the options are exercised, funding will be obligated by modification to the contract. The base period and option periods are priced as follows:

B.4.1 CLIN 1 – Base Period:

• 12-month period of September 25th, 2026 - September 26th 2027

B.4.2 CLINS 2-5: For the 4 Option Periods listed below, if the Option Period is exercised, Contractor shall be paid a fixed price for each CLIN item as specified in tables below.

• Option 1 – September 25, 2027, through September 24, 2028

• Option 2 – September 25, 2028, through September 24, 2029

• Option 3 – September 25, 2029, through September 24, 2030

• Option 4 – September 25, 2030, through September 24, 2031

• Option Period 1 – September 25, 2027, through September 24, 2028

• Option Period 2 – September 25, 2028, through September 24, 2029

Option Period 1 (OP1): 09/25/2027 - 09/26/2028: 12 Months

Cost Category Hours/ QTY

BY OP1 Rate OP1 Total Price OP1 Labor

Project Manager, Senior $0.00 Consultant, Expert $0.00

Subtotal Labor 0.00 $0.00 $0.00

Other Direct Costs

Licenses (Enterpises) $0.00

Subtotal Other Direct Costs 0.00 $0.00 $0.00 Total 0.00 $0.00 $0.00

Option Period 2 (OP2): 09/25/2028 - 09/26/2029: 12 Months

Hours/ QTY

BY OP2 Rate OP2 Total Price OP2 Labor

• Option Period 3 – September 25, 2029, through September 24, 2030

• Option Period 4 – September 25, 2030, through September 24, 2031

Option Period 3 (OP3): 09/25/2029 - 09/26/2030: 12 Months

Hours/ QTY

BY OP3 Rate OP3 Total Price OP3 Labor

Option Period 4 (OP4): 09/25/2030 - 09/26/2031: 12 Months

Hours/ QTY

BY OP4 Rate OP4 Total Price OP4 Labor

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 PROGRAM DESCRIPTION AND BACKGROUND

Introduction

The mission of Federal Occupational Health (FOH), a component of the Program Support Center (PSC), within the U.S. Department of Health and Human Services (HHS), is to improve the health, safety, and productivity of the Federal workforce. Granted authority under 5 USC § 7901, FOH promotes and maintains the physical and mental fitness of federal employees of HHS and other federal agencies by providing occupational health programs and services.

Purpose

The purpose of the FOH Electronic Fax (eFax) contract is to procure commercial-off-the-shelf (COTS), Software-as-a-Service (SaaS), secure electronic faxing services for ~150 clinic, administrative and regional geographically dispersed site locations across the continental United States and Hawaii with allowable growth up to 125 new locations during the life of the contract. Therefore, the Contractor shall support expansion from approximately 150 locations to a potential total of 275 locations during the contract period without requiring architectural redesign or service interruption. The eFax services will replace physical fax machines and fax lines currently in-use that are utilized to transmit various documentation including those that contain Protected Health Information (PHI) and Personally Identifiable Information (PII).

Background

A significant portion of FOH’s mission‑critical operations depends on the secure and efficient exchange of health‑related documentation from federal agencies, healthcare providers, and program participants.

Many partners continue to rely on traditional faxing, resulting in manual workflows, delays, increased administrative burden, and elevated information security risks. The continued reliance on legacy fax systems limits FOH’s ability to optimize service delivery and protect sensitive information such as PHI and PII.

Program Goals and Objectives

To modernize communication channels and support FOH’s digital transformation, FOH requires a secure, FedRAMP‑authorized, cloud‑based electronic fax (eFax) service capable of supporting enterprise‑wide, HIPAA‑compliant digital inbound and outbound faxing. The eFax solution is essential for enabling FOH program areas to exchange sensitive documents rapidly, reliably, and in alignment with federal cybersecurity, privacy, and interoperability standards.

By transitioning from traditional manual faxing to a managed, cloud‑hosted eFax service, FOH will strengthen information security, reduce operational risk, improve efficiency, enhance service delivery, and support its mission of being the occupational health provider of choice for the Federal Government.

This contract establishes the requirements for a comprehensive, enterprise‑ready eFax capability fully aligned with FOH’s operational, technical, and security needs.

C.2 PERFORMANCE WORK STATEMENT - Severable Services

The Contractor shall furnish all of the necessary personnel, materials, services, facilities, (except as otherwise specified herein), and otherwise do all the things necessary for or incident to the performance of the work as set forth below:

The Contractor shall provide, implement, and sustain a fully managed, cloud-hosted, COTS, SaaS, eFax solution for the FOH enterprise. The solution shall support all FOH program areas and geographically dispersed service locations, including clinical sites, administrative offices, and remote operational environments. To deliver this enterprise-wide managed eFax service, the Contractor shall furnish all management, personnel, equipment, tools, materials, supplies, supervision, and support services necessary to accomplish the following:

• Implementation & Configuration – Plan, configure, integrate, and deploy the eFax solution across the FOH enterprise.

• Operations & Maintenance – Operate, monitor, and maintain the solution to ensure reliability, scalability, and continuous availability.

• Security & Compliance – Secure the solution and ensure ongoing compliance with all applicable federal requirements.

• Quality & Continuous Improvement – Conduct quality assurance, risk management, and continuous improvement activities throughout the life of the contract.

• Documentation & Testing – Develop and maintain all required documentation and perform testing to validate solution performance and integrity.

The Contractor shall establish and maintain governance processes necessary to ensure effective management of functional requirements (Section 6), technical requirements (Sections C.5.2 and 6), operational requirements (Sections C.5.1 and C.5.2.3), security requirements (Section 7), and performance requirements (Section 8) throughout the contract lifecycle.

C.3 INFORMATION SECURITY AND/OR PHYSICAL ACCESS SECURITY

REQUIREMENTS

Important Note to Contractor: In the event of a discrepancy between the following language and included HHSAR clauses, the HHSAR clauses take precedence.

1. Baseline Security Requirements

a. Applicability. The requirements herein apply whether the entire contract or modification (hereafter "contract"), or portion thereof, includes either or both of the following:

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

ii. 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.

b. Safeguarding Information and Information Systems. All government information and information systems must be protected in accordance with HHS/ Program Support Center/Federal Occupational Health (PSC/FOH) policies and level of risk. At a minimum, the Contractor (and/or any subcontractor) must:

i. Protect the:

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.

ii. Categorize all information owned and/or collected/managed on behalf of HHS/ PSC/FOH and information systems that store, process, and/or transmit HHS information 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. Based on information provided by the ISSO, CISO, PSC/FOH SOP, or other representative, the impact level for each Security Objective (Confidentiality, Integrity, and Availability) and the Overall Impact Level, which is the highest watermark of the three factors of the information or information system are the following:

• Confidentiality: [ X ] Low [ ] Moderate [ ] High

• Integrity: [ ] Low [ ] Moderate [ X ] High

• Availability: [ X ] Low [ ] Moderate [ ] High

iii. Based on the agreed-upon level of impact, implement the necessary safeguards to protect all information systems and information collected and/or managed on behalf of HHS/ PSC/FOH regardless of location or purpose.

iv. Report any discovered or unanticipated threats or hazards by either the agency or contractor, or if existing safeguards have ceased to function immediately after discovery, within one (1) hour or less, to the government representative(s).

v. Adopt and implement all applicable policies, procedures, controls, and standards required by the HHS/ PSC/FOH 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.

https://csrc.nist.gov/pubs/sp/800/60/v2/r1/final https://csrc.nist.gov/pubs/sp/800/60/v2/r1/final https://csrc.nist.gov/pubs/sp/800/60/v2/r1/final

Obtain all applicable security and privacy policies by contacting the CO/COR or HHS/ PSC/FOH security and/or privacy officials.

c. Privacy Act. Comply with the Privacy Act requirements (when applicable), and tailor FAR and HHSAR clauses as needed.

d. Privacy Compliance. Comply with the E-Government Act of 2002, NIST SP 800-53, and applicable HHS/ PSC/FOH privacy policies, and complete all the requirements below:

i. Per the Office of Management and Budget (OMB) Circular A-130, Personally Identifiable Information (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.

ii. To ensure that the public's personal information is protected in a manner commensurate with the privacy risks, HHS uses a privacy analysis process to assess the risks associated with HHS's collection and maintenance of PII and to ensure information is handled in accordance with applicable legal, regulatory, and policy requirements. PTAs analyze how information is handled in IT systems and electronic information collections and determines if the IT system or electronic information collection collects, disseminates, maintains, or disposes of PII. PIAs are used to assess the privacy risks of IT systems and electronic information collections that collect, disseminate, maintain, or dispose of PII about members of the public. PIAs also provide transparency into how HHS collects, disseminates, maintains, or disposes of the public's PII.

iii. The Contractor must support the agency with conducting a Privacy Threshold Analysis (PTA) for the information system and/or information handled under this contract to determine whether or not PII is collected, disseminated, maintained, or disposed as part of the contract. The PTA will determine if a full Privacy Impact Assessment (PIA) needs to be completed.

If the results of the PTA show that a full PIA is needed, the Contractor must support the agency with completing a PIA for the system or information within a period in alignment with HHS/PSC/FOH requirements 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.

The Contractor must support the agency 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.

e. Controlled Unclassified Information (CUI). Executive Order 13556 defines CUI 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. The requirements below apply only to nonfederal systems that process, store, or transmit CUI, or that provide security protection for such components. All sensitive information that has been identified as CUI by a regulation or statute, handled by this solicitation/contract, must be:

i. Marked appropriately;

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

iii. Protected in accordance with NIST SP 800-53, Security and Privacy Controls for 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

iv. Returned to HHS control, destroyed when no longer needed, or held until otherwise directed. Information and/or data must be disposed of in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

f. 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) must protect all government information that is or may be sensitive by securing it with a solution that is validated with current FIPS 140 validation certificate from the NIST CMVP.

g. 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 must be used only for the purpose of carrying out the provisions of this contract and must 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 must ensure that all work performed by its employees and subcontractors must 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 must 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 must be protected in accordance with HHS and PSC/FOH policies. Unauthorized disclosure of information will be subject to the HHS/ PSC/FOH sanction policies and/or governed by the following laws and regulations:

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

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

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

h. Internet Protocol Version 6 (IPv6). All procurements using Internet Protocol must comply with OMB Memorandum M-21-07, Completing the Transition to Internet Protocol Version 6 (1Pv6) available at https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf

i. Information and Communications Technology (ICT). ICT products and services from prohibited entities/sources must not be used/acquired in compliance with Public Law 115-https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf

232, Section 889 Parts A and B, FAR 4.21, FAR 52.204.23, FAR 52.204.24, and FAR

52.204.25. The contractor (and/or any subcontractor) must notify the government if they identify prohibited ICT products and/or services are used during the contract performance.

j. 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 must 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. Consult the HHS Policy for Internet and Email Security for additional information.

k. Contract Documentation. The Contractor must use provided templates, policies, forms and other agency documents in accordance with HHS/PSC/FOH requirements to comply with contract deliverables as appropriate.

l. Standard for Encryption. The Contractor (and/or any subcontractor) must:

i. Comply with the HHS Standard for Encryption of Computing Devices and

Information to prevent unauthorized access to government information.

ii. 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 encryption solution that is validated with current FIPS 140 validation certificate from the NIST CMVP.

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

iv. Verify that the encryption solutions in use have been validated under the Cryptographic Module Validation Program to confirm compliance with current FIPS 140 validation certificate from the NIST CMVP. The Contractor must provide a written copy of the validation documentation to the COR within 5 business days.

v. 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 http://csrc.nist.gov/publications/. Encryption keys must be provided to the COR upon request and at the conclusion of the contract.

vi. Contractor Non-Disclosure Agreement (NDA). Each Contractor (and/or any subcontractor) employee having access to non-public government information under this contract must complete HHS/PSC/FOH’s non-disclosure agreement as applicable. Contractors (and/or subcontractors) must submit a copy of each signed and witnessed NDA to the Contracting Officer (CO) and/or CO Representative (COR) prior to performing any work under this acquisition.

2. Training Requirements https://csrc.nist.gov/publications/

a. Mandatory Training for All Contractor Staff. All Contractor (and/or any subcontractor) employees assigned to work on this contract must complete the applicable HHS/ PSC/FOH Contractor Information Security Awareness, Privacy, and Records Management training (provided upon contract award) before performing any work under this contract.

Thereafter, the employees must complete all HHS/PSC/FOH specified Information Security Awareness, Privacy, and Records Management training at least annually, during the life of this contract. All provided training must be compliant with HHS training policies.

b. 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.

c. Training Records. The Contractor (and/or any subcontractor) must maintain training records for all its employees working under this contract in accordance with HHS policy.

A copy of the training records must be provided to the CO and/or COR within 30 days after contract award and annually thereafter or upon request.

3. Rules of Behavior

a. The Contractor (and/or any subcontractor) must ensure that all employees performing on the contract comply with the HHS Information Technology General Rules of Behavior, HHS Rules of Behavior for Privileged Users, and HHS Policy for Rules of Behavior for Use of Information and IT Resources, in addition to any applicable required training. .

b. 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/PSC/FOH 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.

4. Incident Response

a. The Contractor (and/or any subcontractor) must respond to all alerts/Indicators of

Compromise (IOCs) provided by HHS Computer Security Incident Response Center (CSIRC)/ PSC/FOH IRT teams within 24 hours, whether the response is positive or negative. In accordance with FISMA and OMB M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information (PII), an incident is "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" and a privacy breach is "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." For additional information on the HHS breach response process, please see the HHS Policy and Plan for Preparing for and Responding to a Breach of Personally Identifiable Information (PII)."

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

i. Protect all sensitive information, including any PII created, stored, or transmitted in the performance of this contract, with encryption solution that is validated with current FIPS 140 validation certificate from the NIST CMVP.

ii. 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 must send PSC/FOH approved notifications to affected individuals within one hour of the Security Incident.

iii. Report all suspected and confirmed information security and privacy incidents and breaches to the PSC/FOH Incident Response Team (IRT), COR, CO, PSC/FOH SOP (or his or her designee), and other stakeholders, including breaches 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/FOH 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, contact information, impact classifications/threat vector, and the type of information compromised. In addition, the Contractor must:

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

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

Encrypt sensitive information in attachments to email, media, etc.

iv. Comply with OMB M-17-12, Preparing for and Responding to a Breach of

Personally Identifiable Information, and HHS/PSC/FOH and PSC/FOH privacy breach response policies when handling PII breaches.

v. 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 as required by Federal and HHS/PSC/FOH policies.

• 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 2 S: Information Sensitivity: Level 5 moderate risk Public Trust

5. Homeland Security Presidential Directive (HSPD)-12 The Contractor (and/or any subcontractor) and its employees must comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; OMB M-05-24; OMB M-19-17; FIPS 201, Personal Identity Verification (PIV) of Federal Employees and Contractors; HHS HSPD-12 policy; and Executive Order 13467, Part 1 §1.2.

6. Roster The Contractor (and/or any subcontractor) must submit a roster by name, position, e-mail 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 must be submitted to the COR and/or CO within (5) business days of the effective date of this contract. Any revisions to the roster as a result of staffing changes must be submitted immediately after the change. The COR will notify the Contractor of the appropriate level of investigation required for each staff member.

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

7. Contract Initiation and Expiration

a. General Security Requirements. The Contractor (and/or any subcontractor) must 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 must follow the HHS EPLC framework and methodology or PSC/FOH guidelines and in accordance with the HHS Contract Closeout Guide (2012).

b. System Documentation. Contractors (and/or any subcontractors) must follow and adhere to HHS System Development Life Cycle requirements, 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.

c. Sanitization of Government Files and Information. As part of contract closeout and at expiration of the contract, the Contractor (and/or any subcontractor) must provide all required documentation (including all records, artifacts, and system documentation; data sanitization certificates; ensure all access privileges are revoked; written notification to the COR at transition‑out, including all required information (such as personnel names, PIV/access status, and any system or data disposition details.)) 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.

d. Notification. The Contractor (and/or any subcontractor) must notify the CO and/or COR and system ISSO within 15 business days in advance of any planned substitution and as soon as practicable for unplanned changes of Program Manager, and, Immediately notify FOH when staff with access privileges are removed, replaced, or reassigned. before an employee stops working under this contract.

e. Contractor Responsibilities upon Physical Completion of the Contract. The contractor (and/or any subcontractors) must 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 must 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 PSC/FOH policies.

f. The Contractor (and/or any subcontractor) must perform and document the actions identified in the PSC/FOH Contractor Employee Separation Checklist when an employee terminates work under this contract within days of the employee's exit from the contract.

All documentation must be available to the CO and/or COR upon request

8. Records Management and Retention

a. The Contractor (and/or any subcontractor) must 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 Policy for Records Management and PSC/FOH policies and must not dispose of any records unless authorized by HHS/ PSC/FOH

b. In the event that a contractor (and/or any subcontractor) accidentally disposes of or destroys a record without proper authorization, he/she must document and report the incident in accordance with HHS/ PSC/FOH policies.

9. High Value Asset (HVA)

If a system is identified as HVA, the contractor must comply with the HHS Policy for the High Value Asset (HVA) Program and the DHS HVA Control Overlay in addition to the above requirements.

C.4 REQUIREMENTS FOR PROCUREMENTS INVOLVING PRIVACY ACT RECORDS

It has been determined that this contract is subject to the Privacy Act of 1974, because this contract provides for the design, development, or operation of a system of records about individuals from which records are retrieved by name or other identifying particular.

The System of Records Notice that is applicable to this contract is:

• OPM/GOVT-5 Recruiting, Examining, and Placement Records, 75 FR 16834 (3/26/14), updated at 80 FR 74815 (11/30/15).

• OPM/GOVT-10 Employee Medical File System Records, 75 FR 35099 (6/21/90), updated at 80

FR 74815 (11/30/15).

• 09-40-0001 PHS Comm'd Corps General Personnel Records, 63 FR 68596 (12/11/98), updated at

83 FR 6591 (2/14/18).

• 90-40-0002 PHS Comm’d Corps Medical Records, 63 FR 68596 (12/11/98), updated at 83 FR 6591 (2/14/18).

• Equivalent SORNs covering health or medical records about employees/prospective employees of independent federal agencies or uniformed services whose personnel are hired under a non-OPM hiring authority.

• 09-90-0777 Facility and Resource Access Control Records, 75 FR 47812 (8/9/10).

The system of records design, development, or operation work the Contractor is to perform is:

• Implementation & Configuration – Plan, configure, integrate, and deploy the eFax solution across the FOH enterprise.

• Operations & Maintenance – Operate, monitor, and maintain the solution to ensure reliability, scalability, and continuous availability.

• Security & Compliance – Secure the solution and ensure ongoing compliance with all applicable federal requirements.

• Quality & Continuous Improvement – Conduct quality assurance, risk management, and continuous improvement activities throughout the life of the contract.

• Documentation & Testing – Develop and maintain all required documentation and perform testing to validate solution performance and integrity.

• The disposition to be made of the Privacy Act records upon completion of contract performance is:

FOH/HHS encryption standards and records retention/sanitization guidance (NIST SP 800 88).

C.5 PROCUREMENTS INVOLVING GOVERNMENT INFORMATION PROCESSED ON

GOCO OR COCO SYSTEMS

Important Note to Contractor: In the event of a discrepancy between the following language and included HHSAR clauses, the HHSAR clauses take precedence.

1. Security Requirements for GOCO and COCO Resources

a. Federal Policies. The Contractor (and/or any subcontractor) must comply with applicable federal laws and HHS policies that include, but are not limited to, the HHS Information Security and Privacy Policy (IS2P), Security Requirements for Government-Owned Contractor-Operated and Contractor-Owned Contractor- Operated Resources (Feb 2024) (Deviation) ; Federal Information Security Modernization Act (FISMA) of 2014, (44 U.S.C. 101); National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53, latest revision, Security and Privacy Controls for Information Systems and Organizations; Office of Management and Budget (OMB) Circular A-130, Managing Information as a Strategic Resource; and other applicable federal laws, regulations, NIST guidance, and Departmental policies.

b. Assessment and Authorization (A&A). A valid authority to operate (ATO) certifies that the Contractor's information system meets the contract's requirements to protect the agency data. If the system under this contract does not have a valid ATO, the Contractor (and/or any subcontractor) must work with the agency and supply the deliverables required to complete the ATO within the specified timeline(s) in accordance with HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract. The Contractor must conduct the A&A requirements in accordance with HHS IS2P, NIST SP https://intranet.hhs.gov/working-at-hhs/cybersecurity/ocio-policies https://intranet.hhs.gov/working-at-hhs/cybersecurity/ocio-policies https://intranet.hhs.gov/policy/hhs-policy-information-security-and-privacy-protection-is2p

800-37, Guide for Applying the Risk Management Framework to Information Systems: A Security Life Cycle Approach (latest revision), NIST SP 800-53B, Control Baselines for Information Systems and Organizations, and the NIST SP 800-53A (latest revision).

PSC/FOH acceptance of the ATO does not alleviate the Contractor's responsibility to ensure the system security and privacy controls are implemented and operating effectively.

i. A&A Package Deliverables - The Contractor (and/or any subcontractor) must provide an A&A package within timeline, process, and format required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract to the CO and/or COR. The following A&A deliverables are required to complete the A&A package as required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract :

System Security Plan (SSP) - due in accordance with supplemental information provided at contract award. The SSP must comply with the NIST SP 800-18, Guide for Developing Security Plans for Federal Information Systems, the Federal Information Processing Standard (FIPS) 200, Recommended Security Controls for Information Systems, and NIST SP 800-53, Security and Privacy Controls for Federal Information Systems and Organizations applicable baseline requirements, and other applicable NIST guidance as well as HHS and PSC/FOH policies and other guidance.

The SSP must be consistent with and detail the approach to IT security contained in the Contractor's bid or proposal that resulted in the award of this contract. The SSP must provide an overview of the system environment and security requirements to protect the information system as well as describe all applicable security controls in place or planned for meeting those requirements. It should provide a structured process for planning adequate, cost-effective security protection for a system. The Contractor must review and update the SSP at least annually thereafter and if requested, provide a copy of the updated SSP.

Security Assessment Plan/Report (SAP/SAR) - due as required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract. The security assessment must be conducted by independent assessor and be consistent with NIST SP 800-53A, NIST SP 800-30, and HHS and PSC/FOH policies. The assessor will document the assessment results in the SAR.

Thereafter, the Contractor, in coordination with PSC/FOH must conduct or assist in the assessment of the security controls required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract and update the SAR at least annually. A copy of the updated SAR should be provided if requested.

Independent Assessment - due as required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract. The Contractor (and/or subcontractor) must have an independent third-party validate the security and privacy controls in place for the system(s) commensurate with the risk levels per NIST SP 800-53B. The independent third party must review and analyze the Security Authorization package, https://intranet.hhs.gov/working-at-hhs/cybersecurity/ocio-policies https://intranet.hhs.gov/working-at-hhs/cybersecurity/ocio-policies https://intranet.hhs.gov/working-at-hhs/cybersecurity/ocio-policies https://intranet.hhs.gov/working-at-hhs/cybersecurity/ocio-policies and report on technical, operational, and management level deficiencies as outlined in NIST SP 800-53. The Contractor must address all "high" deficiencies before submitting the package to the Government for acceptance and document all remaining deficiencies in a system Plan of Actions and Milestones (POA&M).

POA&M - due as required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract. All critical-risk weaknesses must be mitigated within HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract. High-risk weaknesses must be mitigated within HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

Medium weaknesses must be mitigated within HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract, and low weaknesses must be mitigated within HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

PSC/FOH will determine the risk rating of vulnerabilities. Identified risks stemming from deficiencies related to the security control baseline implementation, assessment, continuous monitoring, vulnerability scanning, flaws and security defect in a system (that require to create a patch for remediation), and other security reviews and sources, as documented in the SAR, must be documented and tracked by the Contractor for mitigation in the POA&M document consistent with the HHS Standard for Plan of Action and Milestones and PSC/FOH policies. Depending on the severity of the risks, PSC/FOH may require designated POA&M weaknesses to be remediated before an ATO is issued. Thereafter, continue to remediate weaknesses throughout the contract. The POA&M document must be updated at least quarterly and as required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

Contingency Plan and Contingency Plan Test - due as required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract. The Contingency Plan must be developed in accordance with NIST SP 800-34, Contingency Planning Guide for Federal Information Systems, and be consistent with HHS and PSC/FOH policies.

Upon acceptance by the System Owner, the Contractor, in coordination with the System Owner, must test the Contingency Plan and prepare a Contingency Plan Test Report that includes the test results, lessons learned and any action items that need to be addressed. Thereafter, the Contractor must update and test the Contingency Plan at least annually.

E-Authentication Questionnaire - The contractor (and/or any subcontractor) must collaborate with government personnel to ensure that the E-Authentication requirements are implemented in accordance with OMB 04-04 and NIST SP 800-63 B.

Based on the level of assurance determined by the E-Auth, the Contractor (and/or subcontractor) must ensure appropriate authentication to the system, including remote authentication, is in-place in accordance with the https://intranet.hhs.gov/working-at-hhs/cybersecurity/ocio-policies https://intranet.hhs.gov/working-at-hhs/cybersecurity/ocio-policies https://intranet.hhs.gov/working-at-hhs/cybersecurity/ocio-policies…