Statement of Work.docx
DOCX document 43 KB Posted
- Attached to
- CDC AFM case classification
- Solicitation number
- 75D30126R73394
About this file
This is a Statement of Work for CDC AFM case classification services covering a base year from May 29, 2026 through May 28, 2027, with four optional one-year renewal periods extending through May 28, 2030. The contract requires expert neurologist consultation and MRI image review for acute flaccid myelitis (AFM) case classification and surveillance support.
The primary service deliverable is the review and classification of patients under investigation within 7 business days of assignment using the Ambra image cloud platform, with classifications designated as "confirmed," "probable," "suspect," or "not a case" per Council of State and Territorial Epidemiologist (CSTE) definitions. The contractor must complete MRI abstraction and classification worksheets for each reviewed report, provide expert consultation on AFM surveillance and neurologic diagnoses to CDC and treating physicians, participate in monthly AFM calls with input on difficult cases, and present at a minimum of one Clinician Outreach and Communication Activity (COCA) call to improve clinical AFM awareness and reporting. The minimum vendor qualification requires 3 years of experience evaluating AFM cases including MRI spinal cord image review and case classification. Compensation is structured as quarterly payments in four equal installments based on completed case classifications submitted through the Ambra platform. The contract imposes extensive information security, data handling, and privacy requirements including Section 508 accessibility compliance, FIPS 140-2 encryption standards, PII protection protocols, incident response procedures with one-hour notification requirements, and comprehensive documentation upon contract expiration. Performance of work occurs at the contractor's facility with no travel or government-furnished materials required.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Sole Source Justification - signed.pdf |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Statement of Work
Title: CDC AFM case classification Period of performance:
Base Year 05/29/2026 – 05/28/2026 Option Year One: 05/29/2027 – 05/28/2027 Option Year Two: 05/29/2028 – 05/28/2028 Option Year Three: 05/29/2029 – 05/28/2029 Option Year Four: 05/29/2030 – 05/28/2030
SECTION 1 – BACKGROUND
Acute flaccid myelitis (AFM) is a serious neurologic illness that can cause acute respiratory failure and permanent paralysis. AFM primarily affects children. Surveillance for AFM has been conducted in the United States since 2014, when the first AFM increase was recognized. Laboratory and surveillance data suggest that enteroviruses (EVs), particularly enterovirus D-68 (EV-D68), are a common cause of AFM. EV-D68 has been associated with peaks in AFM cases in the U.S. during 2014, 2016, and 2018. From August 2014, when AFM surveillance started, through August 2025, a total of 781 confirmed AFM cases has been reported to CDC.
CDC provides guidance and tools for health departments for reporting suspected cases of AFM. CDC collaborates with health departments and clinical partners to educate clinicians to improve AFM awareness, reporting, and specimen collection. As part of standardized surveillance for AFM, CDC collects clinical and epidemiologic data that are used to determine if the case meets the Council of State and Territorial Epidemiologist (CSTE) definition for AFM. Classification of cases requires a thorough review of a patient summary form, MRI reports, neurology consult notes, and MRI images.
CDC needs additional clinical support to provide expert consultation and evaluation of AFM cases, including classification of cases and expertise in determining risk factors and potential etiologies. Neurologists are critical for the case classification process since review of MRI images is necessary for classification. Therefore, the neurologist will provide expert pediatric neurologic consultation for AFM case classification and augment the neurology panel for outbreak response efforts. Furthermore, the neurologist will support clinicians’ education to improve AFM case detection and reporting.
SECTION 2 – PURPOSE/OBJECTIVE
· Objectives: Provide expert consultation and classification of AFM cases at DVD.
· Performance Objectives: Cases meeting case ascertainment criteria that are reported by the health departments to CDC must be reviewed by the neurologist to provide a classification.
SECTION 3 – SCOPE OF WORK
MRI images along with patient summary forms, MRI reports, neurology consult notes, and other medical information will be reviewed by the neurologist using the Ambra image cloud platform. Based upon the image review, the neurologist determines whether the patients under investigation (PUIs) are consistent with AFM case definitions. Case definitions shall be used by the neurologist to classify PUIs as “confirmed,” “probable,” “suspect,” or “not a case” for surveillance purposes. Case definitions are approved by the CSTE to standardize the collection of data for specific diseases and are updated as appropriate. As part of the classification review process, the neurologist shall complete an MRI abstraction and classification worksheet for each report reviewed in Ambra. In the event of an outbreak, CDC will host a Clinician Outreach and Communication Activity (COCA) Call and the neurologist will present during calls. The calls are intended to improve clinicians’ AFM awareness, detection, and reporting. During the call, clinicians will learn about AFM clinical presentation, diagnosis, and clinical management. The call will also cover the importance of specimen collection and reporting suspected cases to health departments.
The neurologist may also participate in projects related to defining specific imaging characteristics of confirmed cases of AFM, reviewing complete clinical information to provide diagnostic categorization of cases, and other neurologic related projects as identified within the Division of Viral Diseases.
SECTION 4 – TASKS TO BE PERFORMED
The vendor shall perform the following tasks:
1. Review and classify patients under investigation within 7 business days of assignment. In the event of a surge in cases, a longer period may be authorized by the COR for task completion within a defined surge period.
2. Provide expert consultation on AFM surveillance and neurologic diagnoses to CDC and to treating physicians.
3. Participate in the standing monthly AFM calls and provide input and engagement in outstanding and/or difficult cases.
4. Present at 1 AFM Clinician Outreach and Communication Activity (COCA) calls.
SECTION 5 – GOVERNMENT FURNISHED MATERIALS
N/A
SECTION 6 – PLACE OF PERFORMANCE AND CONTRACT SUPPORT HOURS
The contract will be performed at the contractor’s facility
SECTION 7 – Travel N/A
SECTION 8 – DELIVERABLES/REPORTING SCHEDULE
| Report/Deliverable |
| Format/Content |
| Due Date |
| Percentage of |
Completion/Payment schedule
| Completed case classification |
| AMBRA Cloud based platform |
| Within 7 business days |
| Quarterly basis. |
SECTION 9 – PAYMENT SCHEDULE
Quarterly, four equal payments.
SECTION 10 – REFERENCE MATERIALS
N/A
SECTION 11 – MINIMUM VENDOR QUALIFICATIONS
The vendor must demonstrate a minimum of 3 years of experience in evaluation of AFM cases, including reviewing MRI images of spinal cord and classification of cases.
SECTION 12– ADDITIONAL 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.
SECURITY AND PRIVACY REQUIREMENTS
A. Records Management and Retention The Contractor (and/or any subcontractor) shall maintain all information in accordance with Executive Order 13556 -- Controlled Unclassified Information, National Archives and Records Administration (NARA) records retention policies and schedules and HHS/CDC policies and shall not dispose of any records unless authorized by HHS/CDC.
In the event that a contractor (and/or any subcontractor) accidentally disposes of or destroys a record without proper authorization, it shall be documented and reported as an incident in accordance with HHS/CDC policies.
B. Data All data, software and supporting materials acquired or produced under this contract shall become the property of the United States Government and subject to FAR 52.227-14 -- Rights in Data – General (May 2014), which is hereby incorporated by reference. The Contractor shall not place a copyright or assert a right that in any way limits or infringes on the Government’s use of any of the materials for which the Contractor develops, provides and/or receives payment under this contract award. The contractor shall use Government’s provided tools for storing/ backing up all code, and technical documentation related to tasks under this contract.
1. Data Collection and Monitoring The contractor shall provide ongoing support for collecting quantitative and qualitative data and conducting related data management processes. The contractor shall continuously improve the development, organization, and maintenance of processes for data collection, monitoring, and related data management activities.
2. Data Quality The contractor shall ensure that data/datasets provide the highest data quality possible and are suitable for their intended uses in decision making, planning, and operations. The dimensions of data quality include, but are not limited to, accuracy, completeness, consistency, currency, precision, privacy, timeliness, and validity.
3. To ensure data quality, the contractor shall provide routine and ongoing data quality ̶ monitoring, control, assurance, improvement, and oversight ̶ for (1) national- and local-level data submitted to CDC, (2) data and datasets generated from CDC studies, and (3) any other CDC-managed data. The contractor shall also ensure data quality for all deliverables such as accurate and complete data management documentation, tracking information, and data tables, summaries, reports, presentations, etc.
4. As required by the Federal Source Code Policy set out in OMB Memo M-16-21, all computer software first produced in the performance of this contract shall be open source software and shall be available for Government-wide use and for use by the public with data use rights under FAR 52.227-14 Rights in Data - General, unless otherwise specified in writing by the contract officer. The Contractor (and/or any subcontractor) shall maintain, at all times, a working, current and fully-documented copy of all project or activity custom-developed source code in a repository from the CDC Recognized List of Source Code Repositories.
C. IT Security and Privacy
A. Baseline Security Requirements
1) Applicability. The requirements herein apply whether the entire contract or order (hereafter “contract”), or portion thereof, includes either or both of the following:
a. Operate a Federal System Containing Information: A Contractor (and/or any subcontractor) employee will operate a federal system and information technology containing data that supports the HHS mission. In addition to the Federal Acquisition Regulation (FAR) Subpart 2.1 definition of “information technology” (IT), the term as used in this section includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.
2) Safeguarding Information and Information Systems. In accordance with the Federal Information Processing Standards Publication (FIPS) 199, Standards for Security Categorization of Federal Information and Information Systems, the Contractor (and/or any subcontractor) shall:
a. Protect government information and information systems to ensure:
• Confidentiality, which means preserving authorized restrictions on access and disclosure, based on the security terms found in this contract, including means for protecting personal privacy and proprietary information;
• Integrity, which means guarding against improper information modification or destruction, and ensuring information non-repudiation and authenticity; and
• Availability, which means ensuring timely and reliable access to and use of information.
b. Provide security for any Contractor systems, and information contained therein, connected to an HHS network or operated by the Contractor on behalf of HHS regardless of location. In addition, if new or unanticipated threats or hazards are discovered by either the agency or contractor, or if existing safeguards have ceased to function, the discoverer shall immediately, within one (1) hour or less, bring the situation to the attention of the other party.
c. Adopt and implement the policies, procedures, controls, and standards required by the HHS Information Security Program to ensure the confidentiality, integrity, and availability of government information and government information systems for which the Contractor is responsible under this contract or to which the Contractor may otherwise have access under this contract. Obtain the HHS Information Security Program security requirements, outlined in the HHS Information Security and Privacy Policy (IS2P), by contacting the CO/COR or emailing fisma@hhs.gov.
d. Comply with the Privacy Act requirements and tailor FAR clauses as needed.
3) Information Security Categorization. In accordance with FIPS 199 and National Institute of Standards and Technology (NIST) Special Publication (SP) 800-60, Volume II: Appendices to Guide for Mapping Types of Information and Information Systems to Security Categories, Appendix C, and based on information provided by the NCIRD ISSO, CISO, or other security representative, the risk level for each Security Objective and the Overall Risk Level, which is the highest watermark of the three factors (Confidentiality, Integrity, and Availability) of the information or information system are the following:
Confidentiality: [X] Low [ ] Moderate [ ] High Integrity: [X] Low [ ] Moderate [ ] High Availability: [X] Low [ ] Moderate [ ] High Overall Risk Level: [X] Low [ ] Moderate [ ] High Based on information provided by the NCIRD ISSO, Privacy Office, system/data owner, or other security or privacy representative, it has been determined that this solicitation/contract involves:
[X] No PII [ ] Yes PII
4) Personally Identifiable Information (PII). Per the Office of Management and Budget (OMB) Circular A-130, “PII is information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual.” Examples of PII include, but are not limited to the following: social security number, date and place of birth, mother‘s maiden name, biometric records, etc.
PII Confidentiality Impact Level has been determined to be: [X ] Low [ ] Moderate [ ] High
5) Controlled Unclassified Information (CUI). CUI is defined as “information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information.” The Contractor (and/or any subcontractor) must comply with Executive Order 13556, Controlled Unclassified Information, (implemented at 32 CFR, part 2002) when handling CUI. 32 C.F.R. 2002.4(aa) As implemented the term “handling” refers to “…any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information.” 81 Fed. Reg. 63323. All sensitive information that has been identified as CUI by a regulation or statute, handled by this solicitation/contract, shall be:
a. marked appropriately;
b. disclosed to authorized personnel on a Need-To-Know basis;
c. protected in accordance with NIST SP 800-53, Security and Privacy Controls for Federal Information Systems and Organizations applicable baseline if handled by a Contractor system operated on behalf of the agency, or NIST SP 800-171, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations if handled by internal Contractor system; and
d. returned to HHS control, destroyed when no longer needed, or held until otherwise directed.
Destruction of information and/or data shall be accomplished in accordance with NIST SP 800-88, Guidelines for Media Sanitization.
6) Protection of Sensitive Information. For security purposes, information is or may be sensitive because it requires security to protect its confidentiality, integrity, and/or availability. The Contractor (and/or any subcontractor) shall protect all government information that is or may be sensitive in accordance with OMB Memorandum M-06-16, Protection of Sensitive Agency Information by securing it with a FIPS 140-2 validated solution.
7) Confidentiality and Nondisclosure of Information. Any information provided to the contractor (and/or any subcontractor) by HHS or collected by the contractor on behalf of HHS shall be used only for the purpose of carrying out the provisions of this contract and shall not be disclosed or made known in any manner to any persons except as may be necessary in the performance of the contract. The Contractor assumes responsibility for protection of the confidentiality of Government records and shall ensure that all work performed by its employees and subcontractors shall be under the supervision of the Contractor. Each Contractor employee or any of its subcontractors to whom any HHS records may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such employee or subcontractor can be used only for that purpose and to the extent authorized herein.
The confidentiality, integrity, and availability of such information shall be protected in accordance with HHS and [CDC] policies. Unauthorized disclosure of information will be subject to the HHS/[CDC] sanction policies and/or governed by the following laws and regulations:
a. 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records);
b. 18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information); and
c. 44 U.S.C. Chapter 35, Subchapter I (Paperwork Reduction Act).
8) Standard for Encryption. The Contractor (and/or any subcontractor) shall:
a. Comply with the HHS Standard for Encryption of Computing Devices and Information to prevent unauthorized access to government information.
b. Encrypt all sensitive federal data and information (i.e., PII, protected health information [PHI], proprietary information, etc.) in transit (i.e., email, network connections, etc.) and at rest (i.e., servers, storage devices, mobile devices, backup media, etc.) with FIPS 140-2 validated encryption solution.
c. Secure all devices (i.e.: desktops, laptops, mobile devices, etc.) that store and process government information and ensure devices meet HHS and 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).
9) Privacy Threshold Analysis (PTA)/Privacy Impact Assessment (PIA) – The Contractor shall assist the CDC Senior Official for Privacy (SOP) or designee with conducting a PTA for the information system and/or information handled under this contract in accordance with HHS policy and OMB M-03-22, Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002.
a. The Contractor shall assist the CDC SOP or designee in reviewing the PIA at least every three years throughout the system development lifecycle (SDLC)/information lifecycle, or when determined by the CDC SOP that a review is required based on a major change to the system (e.g., new uses of information collected, changes to the way information is shared or disclosed and for what purpose, or when new types of PII are collected that could introduce new or increased privacy risks), whichever comes first.
10) Government Websites. All new and existing public-facing government websites must be securely configured with Hypertext Transfer Protocol Secure (HTTPS) using the most recent version of Transport Layer Security (TLS). In addition, HTTPS shall enable HTTP Strict Transport Security (HSTS) to instruct compliant browsers to assume HTTPS at all times to reduce the number of insecure redirects and protect against attacks that attempt to downgrade connections to plain HTTP. For internal-facing websites, the HTTPS is not required, but it is highly recommended.
11) Internet Protocol Version 6 (IPv6). All procurements using Internet Protocol shall comply with OMB Memorandum M-05-22, Transition Planning for Internet Protocol Version 6 (IPv6).
12) Standard for Encryption. The Contractor (and/or any subcontractor) shall:
a. Comply with the HHS Standard for Encryption of Computing Devices and Information to prevent unauthorized access to government information.
b. Encrypt all sensitive federal data and information (i.e., PII, protected health information [PHI], proprietary information, etc.) in transit (i.e., email, network connections, etc.) and at rest (i.e., servers, storage devices, mobile devices, backup media, etc.) with FIPS 140-2 validated encryption solution.
c. Secure all devices (i.e.: desktops, laptops, mobile devices, etc.) that store and process government information and ensure devices meet HHS and 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).
13) Contractor Non-Disclosure Agreement (NDA). Each Contractor (and/or any subcontractor) employee having access to non-public government information under this contract shall complete the CDC non-disclosure agreement, as applicable. A copy of each signed and witnessed NDA shall be submitted to the Contracting Officer (CO) and/or CO Representative (COR) prior to performing any work under this acquisition.
B. Incident Response FISMA defines an incident as “an occurrence that (1) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (2) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies. The HHS Policy for IT Security and Privacy Incident Reporting and Response further defines incidents as events involving cybersecurity and privacy threats, such as viruses, malicious user activity, loss of, unauthorized disclosure or destruction of data, and so on.
A privacy breach is a type of incident and is defined by Federal Information Security Modernization Act (FISMA) as the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where (1) a person other than an authorized user accesses or potentially accesses personally identifiable information or (2) an authorized user accesses or potentially accesses personally identifiable information for an other than authorized purpose.
OMB Memorandum M-17-12, “Preparing for and Responding to a Breach of Personally Identifiable Information” (03 January 2017) states:
Definition of an Incident:
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.
Definition of a Breach:
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.
It further adds:
A breach is not limited to an occurrence where a person other than an authorized user potentially accesses PII by means of a network intrusion, a targeted attack that exploits website vulnerabilities, or an attack executed through an email message or attachment. A breach may also include the loss or theft of physical documents that include PII and portable electronic storage media that store PII, the inadvertent disclosure of PII on a public website, or an oral disclosure of PII to a person who is not authorized to receive that information. It may also include an authorized user accessing PII for an other than authorized purpose.
The HHS Policy for IT Security and Privacy Incident Reporting and Response further defines a breach as “a suspected or confirmed incident involving PII”.
Contracts with entities that collect, maintain, use, or operate Federal information or information systems on behalf of CDC shall include the following requirements:
1) The contractor shall cooperate with and exchange information with CDC officials, as deemed necessary by the CDC Breach Response Team, to report and manage a suspected or confirmed breach.
2) 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 so as to avoid a secondary sensitive information incident with FIPS 140-2 validated encryption.
3) All contractors and subcontractors shall participate in regular training on how to identify and report a breach.
4) All contractors and subcontractors shall report a suspected or confirmed breach in any medium as soon as possible and no later than 1 hour of discovery, consistent with applicable CDC IT acquisitions guidance, HHS/CDC and incident management policy, and United States Computer Emergency Readiness Team (US-CERT) notification guidelines. To this end, the Contractor (and/or any subcontractor) shall respond to all alerts/Indicators of Compromise (IOCs) provided by HHS Computer Security Incident Response Center (CSIRC) or CDC Computer Incident Response Team (CSIRT) within 24 hours via email at csirt@cdc.gov or telephone at 866-655-2245, whether the response is positive or negative.
5) 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.
6) All contractors and subcontractors shall allow for an inspection, investigation, forensic analysis, and any other action necessary to ensure compliance with HHS/CDC Policy and the HHS/CDC Breach Response Plan and to assist with responding to a breach.
7) 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.
8) Identify roles and responsibilities, in accordance with HHS/CDC Breach Response Policy and the HHS/CDC Breach Response Plan. To this end, the Contractor shall NOT notify affected individuals unless and until so instructed by the Contracting Officer or designated representative. If so instructed by the Contracting Officer or representative, all notifications must be pre-approved by the appropriate CDC officials, consistent with HHS/CDC Breach Response Plan, and the Contractor shall then send CDC- approved notifications to affected individuals; and,
9) 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.
C. Contract Initiation and Expiration
1) General Security Requirements. The Contractor (and/or any subcontractor) shall comply with information security and privacy requirements, Enterprise Performance Life Cycle (EPLC) processes, HHS Enterprise Architecture requirements to ensure information is appropriately protected from initiation to expiration of the contract. All information systems development or enhancement tasks supported by the contractor shall follow the HHS EPLC framework and methodology and in accordance with the HHS Contract Closeout Guide (2012).
HHS EA requirements may be located here: https://www.hhs.gov/ocio/ea/documents/proplans.html CDC EPLC Requirements: https://www.hhs.gov/web/governance/digital-strategy/it-policy-archive/policy-for-information-technology-enterprise-performance.html
2) System Documentation. Contractors (and/or any subcontractors) must follow and adhere to NIST SP 800-64, Security Considerations in the System Development Life Cycle, at a minimum, for system development and provide system documentation at designated intervals (specifically, at the expiration of the contract) within the EPLC that require artifact review and approval.
3) Sanitization of Government Files and Information. As part of contract closeout and at expiration of the contract, the Contractor (and/or any subcontractor) shall provide all required documentation to the CO and/or COR to certify that, at the government’s direction, all electronic and paper records are appropriately disposed of and all devices and media are sanitized in accordance with NIST SP 800-88, Guidelines for Media Sanitization.
4) Contractor Responsibilities Upon Physical Completion of the Contract. The contractor (and/or any subcontractors) shall return all government information and IT resources (i.e., government information in non-government-owned systems, media, and backup systems) acquired during the term of this contract to the CO and/or COR. Additionally, the Contractor shall provide a certification that all government information has been properly sanitized and purged from Contractor-owned systems, including backup systems and media used during contract performance, in accordance with HHS and/or CDC policies.
D. Contract Documentation.
The Contractor shall use provided templates, policies, forms and other agency documents to comply with contract deliverables as appropriate.
| Document |
| Deliverable Title/Description |
| Due Date |
| Incident Response |
| Incident Report (as incidents or breaches occur) |
| As soon as possible and without reasonable delay and no later than 1 hour of discovery |
| Incident Response |
| Incident and Breach Response Plan |
| Upon request from government |
| Certification of Sanitization of Government and Government Activity-Related Files, Information, and Devices |
| Form or deliverables required by CDC |
| At contract expiration |
| Contract Initiation and Expiration |
| If the procurement involves a system or cloud service, additional documentation will be required, such as Disposition/Decommission Plan |
| At contract expiration |
File details come from the government source that posted it. Updated .