SOW.docx
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- Attached to
- Childcare Subsidy Data Service and Maintenance Federal contract opportunity
- Solicitation number
- 75D30125Q78632
About this file
This Statement of Work (SOW) details a contract for Childcare Subsidy Data Service and Maintenance for the Centers for Disease Control and Prevention (CDC). The contractor will receive funds from CDC to distribute childcare tuition subsidies to licensed childcare providers for lower-income federal employees. Key responsibilities include processing subsidy applications, determining eligibility, maintaining confidentiality, verifying provider licensing, processing monthly invoices, and preparing detailed monthly and fiscal year reports on program utilization.
The contract will have a base year from July 23, 2025 through July 22, 2026, with two optional one-year extensions. It will be a firm, fixed-price contract, with the contractor submitting quarterly invoices to CDC/ATSDR for program administration costs. The contractor must provide monthly status reports, fiscal year reports, and activity reports that include detailed metrics such as number of children served, average weekly childcare costs, parent income levels, and subsidy amounts. The SOW specifies extensive security, privacy, and data protection requirements, reflecting the sensitive nature of handling employee and child information.
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| Sole Source Justification signed.pdf |
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STATEMENT OF WORK
Title: Childcare Subsidy Data Service and Maintenance
C1. Background and Need
The Centers for Disease Control and Prevention (CDC) is recognized as the lead federal agency for protecting the health and safety of the U.S. population and is recognized as a world leader in this capacity. CDC is one agency of the U.S. Department of Health and Human Services (DHHS). The Human Resources Office strives to provide superior customer service, guidance and direction to CDC/ATSDR, the Public Health Service and other federal and state agencies world-wide by empowering our customers with essential information and outstanding services.
CDC requires a contractor with the ability to receive a specified sum of money from the agency and distribute it to childcare providers as childcare tuition subsidy.
C2. Project Objective
CDC/ATSDR have committed to provide childcare subsidies for lower income federal employees as a permanent component of the agencies Work Life programs. By offering this additional component of the Work Life Programs, benefits include improved morale, increased ability to recruit and retain highly qualified employees, increased productivity and added value to the agency. It also provides employees the ability to afford high quality childcare.
C.3 – Scope of Work
The contractor shall provide all labor, materials, supplies, equipment, services and processes to receive a specified sum of money from the agency to disburse as tuition subsidy funds to licensed childcare providers who have provided childcarechildcare services for approved employees.
The contractor shall submit quarterly invoices to CDC/ATSDR to receive appropriated funds for disbursement to the licensed childcare providers. The contractor shall perform all administrative tasks associated with the tuition subsidy program appropriately and efficiently, including responding to Freedom of Information Act or Privacy Act requests. Quarterly invoices shall be submitted to CDC/ATSDR to receive payment for program administration costs.
C.3.1 – Technical Requirements
The contractor will provide on-going guidance and technical support by performing the following functions:
· Perform all administrative tasks associated with the tuition subsidy program appropriately and efficiently. This includes providing information to respond to requests for information under the Freedom of Information Act or Privacy Act.
· Process tuition subsidy applications and determine eligibility and the tuition subsidy amount based on the agency’s tuition subsidy model
· Maintain confidential all the information contained in the tuition subsidy applications and ensure that only the contractor, childcarechildcare provider, and agency contracting officer representative know the identity of the applicant.
· Provide written notification to the applicant of approval/disapproval to receive the childcare tuition subsidy and the amount.
· Provide written notification to the applicant and the childcare provider of the amount of tuition subsidy and the effective date on which the subsidy will begin.
· Ensure that those childcare providers that receive Federal funds as the result of the agency’s tuition subsidy program are licensed and/or regulated by State and/or local regulating authorities.
· Require childcare providers to submit a copy of their current license and/or statement of compliance from their State and/or local authorities.
· Ensure that licensed childcare providers understand that if, for whatever reason, the provider is no longer licensed and/or regulated by the State and/or local regulating authorities, the provider will immediately notify the contractor that administers the tuition subsidy program and the Federal employee whose child is enrolled in the childcare program. In such cases the provider will no longer be permitted to receive the tuition funds.
· Require childcare providers to submit their taxpayer identification numbers.
· Receive monthly invoices for the tuition subsidy amounts from the childcare providers; verify services were received; and provide timely payment based on the invoiced amount no later than 30 days after the date of the invoice. The contractor will pay the tuition subsidy directly to the childcare provider, and not to the Federal employee.
1. Insure that the childcare provider submits a written invoice, on a monthly basis, to the contractor. Both the childcare provider and the parent must certify on the invoice that the care was provided.
1. Tuition subsidy awards will be quoted as weekly amounts and the invoices must be prepared using full week amounts unless services for the child end during a particular week.
· Prepare detailed reports to CDC for reporting to OPM and HHS on program utilization and for W-2 payroll processing.
C4. Period of Performance The period of performance shall be :
Base Year July 23, 2025 through July 22, 2026.
Option Year 1: 7/23/2026 -7/22/2027 Option Year 2: 7/23/2027 - 7/22/2028
C.5 PAYMENT TERMS
Contract will be a firm, fixed price contract.
C6. Hours of Operation
The Federal government recognizes the following federal holidays are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day.
C7. Place of Performance Contractor Facility
C.8 OHR POINT OF CONTACT INFORMATION
The Point of Contact (POC) for this procurement is:
Techncial Monitor Name:
Address Telephone Number:
E-mail Address:
Preferred method of communication: Email
COR Name: TBD Address Telephone Number:
E-mail Address:
Preferred method of communication: Email
C.9 OAS Point CONTRACT OFFICER Contract Officer Name:
Address Telephone Number:
E-mail Address:
Preferred method of communication: Email
C.10 Reporting Schedule (and deliverables):
C.10.1 Reporting Schedule Contractor shall provide a monthly status report to contain, at a minimum, the following information: a brief description of requirements, accomplishments during the reporting period and significant events regarding the task order, deliverables submitted or progress on deliverable products, any current or anticipated problems and solutions proposed and a brief summary of activity planned for the next reporting period.
C.10.2 Monthly Reports
The contractor shall prepare a monthly report using a Microsoft Excel spreadsheet and submit electronically using a FIPS 140-2 validated encryption solution to the Contracting Officer Representative by the 15th of each month or the next business day, on the status of the agencies tuition subsidy program. The monthly report shall consist of the following:
1. The employee name, grade level, organization name;
1. Child/children’s name and age;
1. The total family income for each family receiving the subsidy;
1. Percentage of tuition subsidy received;
1. The amount of tuition subsidy disbursed for each child during a given month;
1. The total number of children enrolled under the tuition subsidy program;
1. The total number of CDC/ATSDR employees qualifying/receiving the childcare tuition subsidy;
1. The total number of new applicants for the month;
1. The number of applicants pending approval;
1. The number of applicants who were ineligible, if any, and reason for ineligibility;
1. The remaining balance of the agencies funds during the relevant period of performance.
C.10.3 Fiscal Year Reports
The contractor shall prepare summarizing activity from October 1st through September 30th covering each fiscal year. The report will be due to the Contracting Officer Representative by November 15th each year and must provide the following information for reporting to OPM.
1. Current number of employees utilizing the childcare subsidy program;
1. The average total family income of employees in the childcare subsidy program;
1. Total amount of funds disbursed this past fiscal year;
1. Total childcare costs of all employees participating in the childcare subsidy program (pre-subsidy) ;
1. Total number of children served by the childcare program in the past fiscal year;
1. Number of children in licensed and/or regulated center-based childcare ;
1. Number of children in licensed and/or regulated family childcare homes ;
C10.4 Fiscal Year Activity Reports
To provide an annual review of program utilization and assess the need for possible program modification, the contractor shall provide graphs and corresponding data including the program activity as outlined below for each fiscal year:
1. A graph and data indicating the monthly average of the children’s ages who received subsidy and the number of children who received subsidy each month and the degree of change each month. Contactor shall also include an average for both the children’s age and number of children for the fiscal year;
1. A graph and data indicating each month the number of parents who joined the program and number of parents who left the program and the degree of change each month. A total amount of joining and leaving parents for the fiscal year should also be provided.
1. A graph and data indicating each month the average weekly costs of childcare and the average weekly payments provided by the subsidies and the degree of change for each month. An average for the weekly costs and weekly subsidy amounts for the fiscal year should also be provided. The monthly percentage of the amount of subsidy received by all participants should also be provided.
1. A graph and data indicating each month the number of parents who participated in the program and the number of children who participated and the degree of change each month. A total count for the number of parents and children should be provided.
1. A graph and data indicating each month the average of the parent’s income and the number of parents who participated and the degree of change each month. A total count or the number of parents should be provided.
The contractor will use the agency tuition subsidy model provided in Attachment A to determine the tuition subsidy amount for eligible employees. This model is subject to change upon annual agency review. Updated subsidy models will be provided to the contractor prior to implementation.
SUMMARY SCHEDULE OF DELIVERABLES AND MILESTONES
Task Order Deliverables. All materials will be submitted electronically in MS-compatible format that meets CDC standards and is readily available at CDC (e.g., MS Office (Word, Excel, PowerPoint), PDF, or a format best suited to the deliverable and approved by the COR). All reporting requirements and written deliverables as part of this contract will be supplied to the project Contracting Officer Representative (COR). Acceptance of any written deliverables is pending CDC COR review and correction to any resulting comments, to be confirmed in writing and documented in the closet following monthly report. Any schedule of interim deliverables may be revised according to CDC acceptance of an updated written work plan by the COR during the project with the restriction that these changes must not impact the overall period of performance, scope, or specifications of the award, or otherwise impinge on the authority of the contracting officer. It is the responsibility of the contractor to fully understand what changes require contracting officer approval.
| Deliverables |
| Dates Required |
| Monthly Invoice |
| At the end of each billing cycle |
| Kick off Meeting |
| Within 10 days of award- One Time Meeting |
Monthly Reports- Contract Monthly Status Report, to include:
•Accomplishments during the reportingperiod and significant events regarding the task order.
•Deliverables submitted or progress on deliverable products, •Any current or anticipated problems, risks, and solutions proposed, •Brief summary of activity planned for the next reporting period, •Milestones for the tasks with dates ofanticipated accomplishments to be reviewed monthly with the TM/COR By the 15th of each month
| Fiscal Year Reports |
| By the 15th of November |
| Fiscal Activity Reports |
| By the 15th of November |
Additional deliverables will be defined as the work determines. All materials will be submitted electronically in MS-compatible format that meets CDC standards and is readily available at CDC (e.g. MS Office (Word, Excel, PowerPoint), PDF, or a format best suited to the deliverable and approved by the COR). All reporting requirements and written deliverables as part of this contract will be supplied to the project Contracting Officer Representative (COR). Acceptance of any written deliverables is pending CDC COR review and correction to any resulting comments, to be confirmed in writing and documented in the closet following monthly report. Any schedule of interim deliverables may be revised according to CDC acceptance of an updated written work plan by the COR during the project with the restriction that these changes must not impact the overall period of performance, scope, or specifications of the award, or otherwise impinge on the authority of the contracting officer. It is the responsibility of the contractor to fully understand what changes require contracting officer approval.
Due to the nature of this work, sensitive materials may be handled by the contractor. Documents and information will be safeguarded as described in federal regulations.
(start verbiage)
Section 508 and Accessibility Requirements
Part A – Provision Reference HHSAR 352.239-73[8] Electronic Information and [Communication] Technology Accessibility Notice.
[(Deviation)] [(a) Any offeror responding to this solicitation must comply with established HHS Information and Communication Technology (ICT) accessibility standards. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.
(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-79 Information and Communication Technology Accessibility. In order to facilitate the Government's determination whether proposed ICT supplies, products, platforms, information, and documentation meet applicable Section 508 accessibility standards, offerors must submit an appropriate HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), in accordance with the completion instructions. The purpose of the checklists and conformance reports are to assist HHS acquisition and program officials in determining whether proposed ICT supplies, products, platforms, information, and documentation conform to applicable Section 508 accessibility standards. Checklists and ACRs evaluate—in detail—whether the ICT conforms to specific Section 508 accessibility standards and identifies remediation efforts needed to address conformance issues.
(c) If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies, products, platforms, information, documentation, or services support delivered do not conform to the described accessibility standards, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.
(d) In order to facilitate the Government's determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit an Accessibility Conformance Report, in accordance with its completion instructions and tailored to the requirements in the solicitation. The purpose of the Report is to assist HHS acquisition and program officials in determining whether proposed ICT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document, in detail, whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the Template are available at https://www.section508.gov/.
(e) Additionally, offerors must provide enough information to assist the Government in determining that the ICT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.
(f) Respondents to this solicitation must identify any inability to conform to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.
(g) Items delivered as electronic content must be accessible to HHS acceptance criteria. Checklist for various formats are available at http://508.hhs.gov/. Materials, other than items incidental to contract management, that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Contracting Officer's Representative.
(End of provision)]
Part B - Clause 352.239-74[9] Electronic, Information, and Communication Technology Accessibility.
[(Deviation)]
(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all information and communication technology (ICT) supplies, products, platforms, information, documentation, and services, or support developed, acquired, maintained or delivered under this contract or order must comply with the Revised 508 Standards, which are located at 36 C.F.R. 1194.1 and Appendices A, B, and C, and are available at https://www.access-board.gov/ict/. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.
(b) Additional Section 508 accessibility standards applicable to this contract or order are identified as follows:
205 WCAG 2.0 Level A & AA Success Criteria 302 Functional Performance Criteria 502 Inoperability with Assistive Technology 504 Authoring Tools 602 Support Documentation 603 Support Services If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.
(c) In the event of a modification(s) to this contract or order, which adds new ICT supplies or services or revises the type of, or specifications for, supplies, products, platforms, information, documentation, or services support, the Contracting Officer shall require that the Contractor submit a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.
(d) If this is an Indefinite-Delivery type contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include ICT supplies, products, platforms, information, documentation, or services support will define the specifications and accessibility standards for the order. In those cases, the Contractor shall be required to provide a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an ACR (based on the VPAT see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies, products, platforms, information, documentation, or services support conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.
(e) The contractor shall identify to the Contracting Officer any perceived exception or exemption to Section 508 requirements for review by the agency Section 508 Program.
(end clause)
Rights in Data:
The Contractor is prohibited from publicizing or disseminating information without the prior written approval of the Contracting Officer’s Representative. All data and products developed under this task order shall become and remain the property of the Government.
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 CDC 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/CDC 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 CDC and information systems that store, process, and/or transmit CDC 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 System Security and Privacy Officer (previously referred to as ISSO), CISO, CDC CPO, 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: [ ] Low [ X ] Moderate [ ] High
· Integrity: [ ] Low [ X ] Moderate [ ] High
· Availability: [ ] Low [ X ] Moderate [ ] High
· Overall Impact Level: [ ] Low [ X ] 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 CDC 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 CDC 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 all applicable security and privacy policies by contacting the CO/COR or CDC 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 CDC Component 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, CDC uses a privacy analysis process to assess the risks associated with CDC'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 CDC 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 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 timeline specified in CDC Assessment and Authorization (A&A) Standard Operating Procedure after completion of the PTA and in accordance with CDC 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/CDC 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 CDC or collected by the Contractor on behalf of CDC 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 CDC 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/CDC policies. Unauthorized disclosure of information will be subject to the HHS/CDC 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-05-22, Transition Planning for Internet Protocol Version 6 (IPv6).
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- 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 always assume HTTPS 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 HHS/CDC Policy for Internet and Email Security for additional information. According to the CDC Web policy, all CDC web content must reside on a CDC.gov domain and must be hosted on CDC or CDC-authorized information systems .
k. Contract Documentation. The Contractor must use CDC-provided templates, policies, forms, and other agency documents 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 CDC and CDC-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.
v. Use the Key Management system on the CDC 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 CSPO.
m. Contractor Non-Disclosure Agreement (NDA). Each Contractor (and/or any subcontractor) employee having access to non-public government information under this contract must complete the CDC non-disclosure agreement. 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:
a. Mandatory Training for All Contractor Staff. All Contractor (and/or any subcontractor) employees assigned to work on this contract must complete the applicable CDC 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 CDC Information Security Awareness, Privacy, and Records Management training at least annually, during the life of this contract. All provided training must be compliant with CDC 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/CDC policy and the CDC Role-Based Training (RBT) of Personnel with Significant Security Responsibilities.
c. Training Records. The Contractor (and/or any subcontractor) must maintain training records for all its employees working under this contract in accordance with CDC 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 CDC Implementation of the HHS Rules of Behavior for Use of HHS Information Technology Resources.
b. All Contractor employees performing on the contract must read and adhere to the Rules of Behavior before accessing agency 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 CDC 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 CDC Computer Security Incident Response Center (CSIRC) 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)29, 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 CDC breach response process, please see the CDC Standard for Responding to Breaches of Personally Identifiable Information (PII).30"
b. Contracts with entities that collect, maintain, use, or operate Federal information or information systems on behalf of CDC must include in the following requirements:
i. The Contractor shall cooperate with and exchange information with CDC officials, as deemed necessary by the CDC Breach Response Team, to report and manage of a suspected or confirmed breach.
ii. All contractors and subcontractors shall properly encrypt PII in accordance with OMB Circular A-130 and other applicable policies, including CDC-specific policies, and comply with HHS-specific policies for protecting PII. To this end, all contractors and subcontractors shall protect all sensitive information, including any PII created, stored, or transmitted in the performance of this contract, with encryption solution that is validated with the current FIPS 140 validation certificate from the NIST CMVP.
iii. All contractors and subcontractors shall participate in regular training on how to identify and report a breach
iv. NOT notify affected individuals unless so instructed by the Contracting Officer or designated representative. If instructed by the Contracting Officer or representative, the Contractor must send CDC-approved notifications to affected individuals in accordance with CDC privacy breach response policies, including the CDC/OCIO Standard for Responding to Breaches of Personally Identifiable Information (PII).
v. Report all suspected and confirmed information security and privacy incidents and breaches to the CSPO Incident Response Team (IRT) at csirt@cdc.gov or telephone at 1-866-655-2245, COR, CO, CDC CPO (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 CDC Component and CDC 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, 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.
vi. Comply with OMB M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information, and CDC privacy breach response policies when handling PII breaches.
vii. 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.
viii. All contractors and subcontractors shall be able to determine what Federal information was or could have been accessed and by whom, construct a timeline of user activity, determine methods and techniques used to access Federal information, and identify the initial attack vector.
ix. Cloud service providers shall use guidance provided in the FedRAMP Incident Communications Procedures when deciding when to report directly to US-CERT first or notify CDC first.
x. Acknowledge that CDC will not interpret report of a breach, by itself, as conclusive evidence that the Contractor or its subcontractor failed to provide adequate safeguards for PII.
5. 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.
· Not Applicable
· Level 1: Non-sensitive
· Level 2: Non-critical Sensitive
· Level 3: Critical Sensitive
· Level 4: Special Sensitive X Level 5: Public Trust/Moderate Risk
· Level 6: Public Trust/High Risk
6. 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/CDC HSPD-12 policy; and Executive Order 13467, Part 1 §1.2.
7. 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 by the effective date of this contract. Any revisions to the roster as a result of staffing changes must be submitted immediately upon 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.
8. 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, CDC 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 CDC EPLC framework and methodology and in accordance with the CDC Office of Financial Resources (OFR) Contract Closeout Guide and HHS Closeout Guide: Contracts and Orders.
b. System Documentation. Contractors (and/or any subcontractors) must follow and adhere to CDC 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 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 Security and Privacy Officer (previously referred to as ISSO) 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 CDC policies.
f. The Contractor (and/or any subcontractor) must perform and document the actions identified in the CDC Out-Processing Checklist when an employee terminates work under this contract. All documentation must be available to the CO and/or COR upon request.
9. 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 CDC Records Management Policy and must not dispose of any records unless authorized by CDC.
b. If 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 CDC policies.
10. 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 Department of Homeland Security (DHS) HVA Control Overlay in addition to the above requirements.
11. Security Requirements for GOCO and COCO Resources:
a. Federal Policies. The Contractor (and/or any subcontractor) must comply with applicable federal laws, directives and CDC policies that include, but are not limited to, HHS Information Security and Privacy Policy (IS2P), the CDC IT Security Program Implementation Standards, 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 agency policies.
b. Security Assessment and Authorization (SA&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 prior to any use of the system in a production capacity, i.e., its intended users able to collect, store, process or transmit data to fulfill the system’s function. The Contractor must conduct the SA&A requirements in accordance with HHS IS2P/CDC IT Security Program implementation standard and Appendix K: CDC Organizationally Defined Minimum Numbers and Time Periods Derived from NIST SP 800-53 Revision 5 , NIST SP 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).
CDC 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. SA&A Package Deliverables - The Contractor (and/or any subcontractor) must provide an SA&A package timeline, process, and formats prescribed for a Full system authorization in the CDC Security Assessment and Authorization Standard Operating Procedure (CDC SA&A SOP). The following SA&A deliverables are required to complete the SA&A package:
· Baseline System Information (BSI) – The Contractor will document a system overview, in accordance with the…
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