Statement of Work - DR4699-CA.pdf

SOW FEMA, for DR-4699-CA impacted by severe winter storms, straight-line winds, flooding, landslides, and mudslides for In-person, Virtual and Remote Sign Language Interpretation and remote/in-person Communication Access Real-Time Translation (CART) Services

STATEMENT OF WORK

DHS/FEMA/OEA

LANGUAGE SUPPORT SERVICES

DR 4699-CA

04/05/2023

1.0 DESCRIPTION OF NEED

• The provision of language access for Sign Language interpretation onsite, virtual/remote, prescheduled according to need. The provision of Communication Access Real-Time Translation (CART), virtual or in-person according to need, including Mexican Sign Language and PRSL as needed. This Statement of Work serves for the provision of any or all the services as determined by the Requestor. Interpreting and CART services to be provided with relevance to all declared counties for DR-4699-CA including, Kerns, Monterey, San Benito, Santa Cruz, Tulare, Tuolumne counties in the state of California, as well as future counties added to this declaration, on an as-needed basis Sunday – Saturday at any hour of the day or night: 24/7. Any county that is added to DR-4699-CA will be included in this contract. We are recommending multiple contracts to support sign language interpretation and CART within the state of California closest to the disaster area.

• Sign Language Interpretation services provided by a Contractor(s) (preferably based in the state) where the disaster occurred, knowledgeable in disability law and the accommodations therein and specializes in the provision of sign language interpretation. Contractor(s) needs to consistently provide qualified sign language interpreters who can interpret in the appropriate modality to fit the need of disaster survivors. These services are to ensure all FEMA-delivered information, goods and services produced and related events are accessible to survivors who are Deaf or hard of hearing and use Sign Language Interpretation services as their primary mode of communication. It is important to emphasize that emergency management is a high stake, high consequences environment and as such, it is therefore paramount to assign qualified sign language interpreters who understand government/emergency management terminology and the response and recovery process to best support the survivor’s needs. Contractor must provide qualified sign language interpreters virtually or at the prescheduled location according to request and provide prescheduled video remote services according to request.

• CART services provided by a Contractor knowledgeable in disability law and the accommodations therein, that specializes in the provision of real time captioning services.

This service is to ensure all FEMA-delivered information, goods and services produced and line winds, flooding, landslides, and mudslides for In-person, Virtual and Remote Sign Language Interpretation and remote/in-person Communication related events are accessible to survivors who are Deaf or hard of hearing who rely on captioning as their primary method of receiving information. It is important to emphasize that emergency management is a high stake, high consequences environment and as such, it is therefore paramount to assign qualified CART providers who understand government/emergency management terminology. Contractor needs to provide qualified CART providers, on location or remote as requested, who can consistently translate from spoken English to written English verbatim and in real time.

2.0 TERMINOLOGY

For the purposes of this Statement of Work and the aligned contract, the following terms and acronyms will be used.

• Providers – the interpreter(s) and/or CART provider(s) assigned to a specific event.

• Contractor - the entity awarded the contract to provide services.

• Agency – Federal Emergency Management Agency

• Recipient – the end user of the services being provided

• Requestor – the Contracting Officer (CO), Contracting Officer’s Representative (COR), their Alternate (ACOR), or designated Point of Contact (POC) within the Agency.

3.0 SCOPE

Three or more contracts may be awarded for Communications Access Services in the state of California depending on the addition of counties.

3.1 General to All Services

• Service needs will typically fall during the working hours of 7am to 7pm, Sunday-Saturday, however, the provision of services is to be available outside of these hours as requested as town hall meetings and disaster recovery center often happen in the evening hours after 7 pm, both for in-person and remote needs.

• Providers are required to present acceptable valid government-issued photo ID upon arrival or request. The COR will provide the Contractor with the requirements regarding accepted photo IDs.

• Providers will comply with and will be held to all requirements set forth within this SOW and contract.

• Federal regulations require that mileage reimbursement applies to travel that meets the over-50-mile threshold from place of residence.

• The period of performance is 90 days, with one options of 90 days each to extend services.

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• All requests and communications will be limited to the Contracting Officer’s Representative (COR), their Alternate (ACOR) or a designated Point of Contact (POC) as listed:

• CO – Demetria Carter

• COR – Gay Jones

• ACOR – Aaron Kubey

• POC- Laura Forbes

CLIN

Sign Language Interpreting/CART Services/mileage for Severe Winter Storms, Straight-line Winds, Flooding, Landslides and Mudslides in the state of California DR-4699

Unit of Issue

ASL Interpretation 400 Hrs.

0002 CART Services 100 Hrs.

0003 Mileage 7,000 miles

3.2 Specific to Virtual Interpretation and CART Services

Interpreting and CART services to be provided with relevance to all counties for Region IX in the State of California for DR-4699-CA on as needed basis Sunday – Saturday at any hour of the day or night; 24/7.

• Authorization for travel outside the declared area must be pre-approved by the Contracting Officer's Representative (COR) prior to the travel and will be reimbursed in accordance with the federal government’s Federal Travel Regulations further than 50 miles one way.

• For virtual services, Providers will appear in the platform no less than 10 minutes prior to a prescheduled assignment.

• Attire is business casual unless told otherwise.

• Every attempt will be made for onsite services to be requested at a minimum of 24-hours prior to the start of the assignment, however, occasions may occur where the Requestor is line winds, flooding, landslides, and mudslides for In-person, Virtual and Remote Sign Language Interpretation and remote/in-person Communication unable to provide 24 hours’ notice. If the Contractor is unable to fill the request, written notification via email must be given to the Requestor within two (2) hours of the time the request was made. By default, if no such written communication is received, it is determined that the Contractor has accepted and will fill the request.

• Sign Language Interpretation and CART service requests cancelled by the Requestor with less than 48 business hours’ notice, prior to the start of the request, are to be billed for the hours requested. If cancellation occurs with more than 48 hours’ notice, no costs will be billed to the Agency.

4.0 QUALIFICATIONS

Sign language interpreters and Certified Deaf interpreters, at minimum, must:

• Possess certification from National Association of the Deaf/Registry of Interpreters for the Deaf or one type of certification recognized by the state where the disaster is declared.

Interpreters must be able to provide proof of certification upon request. In some states, licensure for interpreters is required by law.

• Have the skill and experience to change the modality in which they are interpreting to meet the needs of the disaster survivor(s) they are to serve and when appropriate, the broad spectrum of need nationwide. This includes, but is not limited to, American Sign Language (ASL), Conceptually Accurate Signed English (CASE), Tactile Sign Language and Puerto Rican Sign Language (PRSL). If requested, the contractor must provide a sign language interpreter with strong voicing skills.

• Comply with the Professional Code of Conduct established by the national Registry of Interpreters for the Deaf (RID) and all state laws regardless of the type of qualification they possess.

Deaf interpreters, at minimum, must:

• Where certification is not currently available, possess 150 hours of professional interpreting experience with no less than 50 of those hours in platform or conference interpreting.

Interpreter must be able to provide proof of experience upon request.

• Have the skill and experience the change the modality in which they are interpreting to meet the broad spectrum of need nationwide.

• Comply with Professional Code of Conduct established by the national Registry of Interpreters for the Deaf (RID) regardless of the type of qualification they possess.

CART providers, at minimum, must:

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• Hold one type of certification recognized by the state where the disaster is declared, National Court Reporters Association (NCRA), National Verbatim Reporters Association (NVRA) or equivalent.

• Provide consistent translation from spoken English to written English verbatim.

• Provide their own CART writing equipment needed and work with the FEMA POC to ensure connectivity and display needs.

5.0 SCHEDULE

5.1 Assignments

• Services are to be provided on an as needed, as requested, basis at the discretion of the

Requestor within the confines of the contract and this SOW. Requestor will contact the Contractor, primarily by phone followed by email, to request services and provide the following information:

• For Interpretation and CART services – date of assignment, assignment type, language preference if other than ASL, times and location or remote specifications.

• Requestor will maintain a log or spreadsheet documenting the time of the request in addition to the following:

• For Interpretation and CART services, the Requestor will document the date of the assignment, the start time of the assignment, the anticipated duration, the location, and a description of the event. This log will be made available to the Contracting Officer for inspection as requested.

• For Interpretation and CART services, Contractor will provide to the Requestor the names of the assigned Providers as soon as possible or at a minimum of six hours prior to the start of the assignment.

• As per industry standard, two interpreters will be required for assignments lasting more than ninety (90) minutes; or assignments of a detailed or technical nature; or involving a general audience with a duration of more than one hour. If a CDI/ASL team is assigned, two ASL interpreters will be provided for every CDI in the team. For example: a team of two CDIs would pair with four ASL interpreters.

• As per industry standard, one CART provider at a time will be contracted per event need.

Due to duration, the need might arise for a CART provider to be replaced by another CART provider. In this event, the CART providers are expected to share relevant knowledge and meeting context as it pertains to their provision of service at the time of replacement. An unedited copy of the transcript needs to be available upon request.

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5.2 Cancellations and Changes

• All cancellations or schedule adjustments will be requested by the Requestor to the

Contractor primarily by phone and followed via email within 48 business hours.

• Providers will remain available to work for the entire scheduled time, regardless of changes to events.

• In the event any or all Provider(s) are unable to work, the Contractor is required to notify the Requestor. The Contractor will be required to replace the Provider(s). In the event the Contractor is unable to supply the replacements, the Contractor will not bill the government for those service hours.

5.3 Inclement Weather or Emergency

• Providers will not report to work if the federal government is closed due to inclement weather or emergency. No cancellation fee or charges will be assessed. The Contractor will not bill the government for service hours when the government is closed due to inclement weather or emergency.

5.4 Other Unscheduled Federal Government Closures

• In the event of an unscheduled closure of the federal government, Providers will not report to work or to their scheduled assignments. No cancellation fee or charges will be assessed.

The Contractor will not bill the government for services when the government is closed.

5.5 Federal Holidays

• Provider services may be required on federal holidays and weekends during a disaster declaration. If work is performed on holidays, the contractor shall bill for services performed at the contracted rate with no premiums or rate increase.

5.6 Inclement Weather – Non-Closures

• In the event of inclement weather or an emergency, Providers are responsible for calling

Requestor or alternate Requestor to receive instruction and will abide by the Delayed Arrival policy pertaining to federal employees outlined by the Joint Field Office. If services cannot be provided, the Contractor will not bill the government for service hours for the day(s)/hours.

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6.0 EVALUATION OF SERVICES

• The Contractor shall be solely responsible for the quality of services provided. The Contractor shall also be liable for negligence, fraud, waste, or abuse incurred by the Provider.

• Recipients of interpreter or CART services, qualified FEMA staff and the event POC may provide feedback on the quality of the services to the Requestor. Feedback will be provided to the Contractor within 24 hours of receipt of the feedback when necessary.

• Providers can be dismissed at the discretion of the Requestor for deficiencies in performance, ethical standards, dress, timeliness, or other quality standards. If dismissal is necessary, the Contractor will only bill for the actual time worked on the day of dismissal.

If replacement of Provider is requested, the Contractor will fulfill that request and not send that Provider to any future event under this contract unless told otherwise by the Requestor.

7.0 INVOICING

7.1 Interpretation and CART Services

• Bill all onsite and virtual interpretation services at a minimum of two (2) hours and remote

CART services at a minimum of two (2) hours. If the assignment is longer than minimum stated hours for the service, the assignment will be billed for the actual duration of the assignment.

• Follow the invoicing instructions outlined in the SOW and the contract.

• Draft all invoices to include invoice date; contract number; period of performance; Provider name; individual dates of service; time of service for each Provider.

• Bill on a biweekly basis using the fixed hourly rate as established in the contract.

• Use separate line items with the corresponding CLIN to show the hours of service worked.

• Bill work hours at the flat rate established within the contract.

8.0 REFERENCES

• Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended, 42 U.S.C. 5121-5207).

• Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295) Oct. 4, 2006.

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HYGIENE CLAUSES

IV. SAFEGUARDING OF SENSITIVE INFORMATION (MAR 2015)

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Definitions. As used in this clause—

“Personally Identifiable Information (PII)” means information that can be used to distinguish or trace an individual's identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name. The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. In performing this assessment, it is important for an agency to recognize that non-personally identifiable information can become personally identifiable information whenever additional information is made publicly available—in any medium and from any source—that, combined with other available information, could be used to identify an individual.

PII is a subset of sensitive information. Examples of PII include, but are not limited to: name, date of birth, mailing address, telephone number, Social Security number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), static Internet protocol addresses, biometric identifiers such as fingerprint, voiceprint, iris scan, photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive Information” is defined in HSAR clause 3052.204-71, Contractor Employee Access, as any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of Title 5, line winds, flooding, landslides, and mudslides for In-person, Virtual and Remote Sign Language Interpretation and remote/in-person Communication

United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107- 296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(2) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(3) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

“Sensitive Information Incident” is an incident that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access or attempted access of any Government system, Contractor system, or sensitive information.

“Sensitive Personally Identifiable Information (SPII)” is a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Some forms of PII are sensitive as stand-alone line winds, flooding, landslides, and mudslides for In-person, Virtual and Remote Sign Language Interpretation and remote/in-person Communication elements. Examples of such PII include: Social Security numbers (SSN), driver’s license or state identification number, Alien Registration Numbers (A-number), financial account number, and biometric identifiers such as fingerprint, voiceprint, or iris scan. Additional examples include any groupings of information that contain an individual’s name or other unique identifier plus one or more of the following elements:

(1) Truncated SSN (such as last 4 digits)

(2) Date of birth (month, day, and year)

(3) Citizenship or immigration status

(4) Ethnic or religious affiliation

(5) Sexual orientation

(6) Criminal History

(7) Medical Information

(8) System authentication information such as mother’s maiden name, account passwords or personal identification numbers (PIN)

Other PII may be “sensitive” depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but is not sensitive.

(c) Authorities. The Contractor shall follow all current versions of Government policies and guidance accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors, or available upon request from the Contracting Officer, including but not limited to:

(1) DHS Management Directive 11042.1 Safeguarding Sensitive But Unclassified (for Official Use Only) Information

(2) DHS Sensitive Systems Policy Directive 4300A

(3) DHS 4300A Sensitive Systems Handbook and Attachments

(4) DHS Security Authorization Process Guide

(5) DHS Handbook for Safeguarding Sensitive Personally Identifiable Information

(6) DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program

(7) DHS Information Security Performance Plan (current fiscal year)

(8) DHS Privacy Incident Handling Guidance

(9) Federal Information Processing Standard (FIPS) 140-2 Security Requirements for Cryptographic Modules accessible at http://csrc.nist.gov/groups/STM/cmvp/standards.html http://www.dhs.gov/dhs-security-and-training-requirements-contractors http://csrc.nist.gov/groups/STM/cmvp/standards.html line winds, flooding, landslides, and mudslides for In-person, Virtual and Remote Sign Language Interpretation and remote/in-person Communication

(10) National Institute of Standards and Technology (NIST) Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations accessible at http://csrc.nist.gov/publications/PubsSPs.html

(11) NIST Special Publication 800-88 Guidelines for Media Sanitization accessible at http://csrc.nist.gov/publications/PubsSPs.html

(d) Handling of Sensitive Information. Contractor compliance with this clause, as well as the policies and procedures described below, is required.

(1) Department of Homeland Security (DHS) policies and procedures on Contractor personnel security requirements are set forth in various Management Directives (MDs), Directives, and Instructions. MD 11042.1, Safeguarding Sensitive But Unclassified (For Official Use Only) Information describes how Contractors must handle sensitive but unclassified information. DHS uses the term “FOR OFFICIAL USE ONLY” to identify sensitive but unclassified information that is not otherwise categorized by statute or regulation. Examples of sensitive information that are categorized by statute or regulation are PCII, SSI, etc. The DHS Sensitive Systems Policy Directive 4300A and the DHS 4300A Sensitive Systems Handbook provide the policies and procedures on security for Information Technology (IT) resources. The DHS Handbook for Safeguarding Sensitive Personally Identifiable Information provides guidelines to help safeguard SPII in both paper and electronic form. DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program establishes procedures, program responsibilities, minimum standards, and reporting protocols for the DHS Personnel Suitability and Security Program.

(2) The Contractor shall not use or redistribute any sensitive information processed, stored, and/or transmitted by the Contractor except as specified in the contract.

(3) All Contractor employees with access to sensitive information shall execute DHS Form 11000-6, Department of Homeland Security Non-Disclosure Agreement (NDA), as a condition of access to such information. The Contractor shall maintain signed copies of the NDA for all employees as a record of compliance. The Contractor shall provide copies of the signed NDA to the Contracting Officer’s Representative (COR) no later than two (2) days after execution of the form.

(4) The Contractor’s invoicing, billing, and other recordkeeping systems maintained to support line winds, flooding, landslides, and mudslides for In-person, Virtual and Remote Sign Language Interpretation and remote/in-person Communication financial or other administrative functions shall not maintain SPII. It is acceptable to maintain in these systems the names, titles and contact information for the COR or other Government personnel associated with the administration of the contract, as needed.

(e) Authority to Operate. The Contractor shall not input, store, process, output, and/or transmit sensitive information within a Contractor IT system without an Authority to Operate (ATO) signed by the Headquarters or Component CIO, or designee, in consultation with the Headquarters or Component Privacy Officer. Unless otherwise specified in the ATO letter, the ATO is valid for three (3) years. The Contractor shall adhere to current Government policies, procedures, and guidance for the Security Authorization (SA) process as defined below.

(1) Complete the Security Authorization process. The SA process shall proceed according to the DHS Sensitive Systems Policy Directive 4300A (Version 11.0, April 30, 2014), or any successor publication, DHS 4300A Sensitive Systems Handbook (Version 9.1, July 24, 2012), or any successor publication, and the Security Authorization Process Guide including templates.

(i) Security Authorization Process Documentation. SA documentation shall be developed using the Government provided Requirements Traceability Matrix and Government security documentation templates. SA documentation consists of the following: Security Plan, Contingency Plan, Contingency Plan Test Results, Configuration Management Plan, Security Assessment Plan, Security Assessment Report, and Authorization to Operate Letter.

Additional documents that may be required include a Plan(s) of Action and Milestones and Interconnection Security Agreement(s). During the development of SA documentation, the Contractor shall submit a signed SA package, validated by an independent third party, to the COR for acceptance by the Headquarters or Component CIO, or designee, at least thirty (30) days prior to the date of operation of the IT system. The Government is the final authority on the compliance of the SA package and may limit the number of resubmissions of a modified SA package. Once the ATO has been accepted by the Headquarters or Component CIO, or designee, the Contracting Officer shall incorporate the ATO into the contract as a compliance document. The Government’s acceptance of the ATO does not alleviate the Contractor’s responsibility to ensure the IT system controls are implemented and operating effectively.

(ii) Independent Assessment. Contractors shall have an independent third party validate the security and privacy controls in place for the system(s). The independent third party shall review and analyze the SA package, and report on technical, operational, and management level deficiencies as outlined in NIST Special Publication 800-53 Security and Privacy line winds, flooding, landslides, and mudslides for In-person, Virtual and Remote Sign Language Interpretation and remote/in-person Communication

Controls for Federal Information Systems and Organizations. The Contractor shall address all deficiencies before submitting the SA package to the Government for acceptance.

Support the completion of the Privacy Threshold Analysis (PTA) as needed. As part of the SA process, the Contractor may be required to support the Government in the completion of the PTA. The requirement to complete a PTA is triggered by the creation, use, modification, upgrade, or disposition of a Contractor IT system that will store, maintain and use PII, and must be renewed at least every three (3) years. Upon review of the PTA, the DHS Privacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modifications thereto, are required. The Contractor shall provide all support necessary to assist the Department in completing the PIA in a timely manner and shall ensure that project management plans and schedules include time for the completion of the PTA, PIA, and SORN (to the extent required) as milestones. Support in this context includes responding timely to requests for information from the Government about the use, access, storage, and maintenance of PII on the Contractor’s system, and providing timely review of relevant compliance documents for factual accuracy. Information on the DHS privacy compliance process, including PTAs, PIAs, and SORNs, is accessible at http://www.dhs.gov/privacy-compliance.

(2) Renewal of ATO. Unless otherwise specified in the ATO letter, the ATO shall be renewed every three (3) years. The Contractor is required to update its SA package as part of the ATO renewal process. The Contractor shall update its SA package by one of the following methods:

(1) Updating the SA documentation in the DHS automated information assurance tool for acceptance by the Headquarters or Component CIO, or designee, at least 90 days before the ATO expiration date for review and verification of security controls; or (2) Submitting an updated SA package directly to the COR for approval by the Headquarters or Component CIO, or designee, at least 90 days before the ATO expiration date for review and verification of security controls. The 90 day review process is independent of the system production date and therefore it is important that the Contractor build the review into project schedules. The reviews may include onsite visits that involve physical or logical inspection of the Contractor environment to ensure controls are in place.

(3) Security Review. The Government may elect to conduct random periodic reviews to ensure that the security requirements contained in this contract are being implemented and enforced.

The Contractor shall afford DHS, the Office of the Inspector General, and other Government organizations access to the Contractor’s facilities, installations, operations, documentation, databases and personnel used in the performance of this contract. The Contractor shall, through http://www.dhs.gov/privacy-compliance line winds, flooding, landslides, and mudslides for In-person, Virtual and Remote Sign Language Interpretation and remote/in-person Communication the Contracting Officer and COR, contact the Headquarters or Component CIO, or designee, to coordinate and participate in review and inspection activity by Government organizations external to the DHS. Access shall be provided, to the extent necessary as determined by the Government, for the Government to carry out a program of inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of Government data or the function of computer systems used in performance of this contract and to preserve evidence of computer crime.

(4) Continuous Monitoring. All Contractor-operated systems that input, store, process, output, and/or transmit sensitive information shall meet or exceed the continuous monitoring requirements identified in the Fiscal Year 2014 DHS Information Security Performance Plan, or successor publication. The plan is updated on an annual basis. The Contractor shall also store monthly continuous monitoring data at its location for a period not less than one year from the date the data is created. The data shall be encrypted in accordance with FIPS 140-2 Security Requirements for Cryptographic Modules and shall not be stored on systems that are shared with other commercial or Government entities. The Government may elect to perform continuous monitoring and IT security scanning of Contractor systems from Government tools and infrastructure.

(5) Revocation of ATO. In the event of a sensitive information incident, the Government may suspend or revoke an existing ATO (either in part or in whole). If an ATO is suspended or revoked in accordance with this provision, the Contracting Officer may direct the Contractor to take additional security measures to secure sensitive information. These measures may include restricting access to sensitive information on the Contractor IT system under this contract. Restricting access may include disconnecting the system processing, storing, or transmitting the sensitive information from the Internet or other networks or applying additional security controls.

(6) Federal Reporting Requirements. Contractors operating information systems on behalf of the Government or operating systems containing sensitive information shall comply with Federal reporting requirements. Annual and quarterly data collection will be coordinated by the Government. Contractors shall provide the COR with requested information within three (3) business days of receipt of the request. Reporting requirements are determined by the Government and are defined in the Fiscal Year 2014 DHS Information Security Performance Plan, or successor publication. The Contractor shall provide the Government with all information to fully satisfy Federal reporting requirements for Contractor systems.

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(f) Sensitive Information Incident Reporting Requirements.

(1) All known or suspected sensitive information incidents shall be reported to the Headquarters or Component Security Operations Center (SOC) within one hour of discovery in accordance with 4300A Sensitive Systems Handbook Incident Response and Reporting requirements. When notifying the Headquarters or Component SOC, the Contractor shall also notify the Contracting Officer, COR, Headquarters or Component Privacy Officer, and US-CERT using the contact information identified in the contract. If the incident is reported by phone or the Contracting Officer’s email address is not immediately available, the Contractor shall contact the Contracting Officer immediately after reporting the incident to the Headquarters or Component SOC. The Contractor shall not include any sensitive information in the subject or body of any e-mail. To transmit sensitive information, the Contractor shall use FIPS 140-2 Security Requirements for Cryptographic Modules compliant encryption methods to protect sensitive information in attachments to email. Passwords shall not be communicated in the same email as the attachment.

A sensitive information incident shall not, by itself, be interpreted as evidence that the Contractor has failed to provide adequate information security safeguards for sensitive information, or has otherwise failed to meet the requirements of the contract.

(2) If a sensitive information incident involves PII or SPII, in addition to the reporting requirements in 4300A Sensitive Systems Handbook Incident Response and Reporting, Contractors shall also provide as many of the following data elements that are available at the time the incident is reported, with any remaining data elements provided within 24 hours of submission of the initial incident report:

(i) Data Universal Numbering System (DUNS);

(ii) Contract numbers affected unless all contracts by the company are affected;

(iii) Facility CAGE code if the location of the event is different than the prime contractor location;

(iv) Point of contact (POC) if different than the POC recorded in the System for Award Management (address, position, telephone, email);

(v) Contracting Officer POC (address, telephone, email);

(vi) Contract clearance level;

(vii) Name of subcontractor and CAGE code if this was an incident on a subcontractor network;

(viii) Government programs, platforms or systems involved;

(ix) Location(s) of incident;

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(x) Date and time the incident was discovered;

(xi) Server names where sensitive information resided at the time of the incident, both at the Contractor and subcontractor level;

(xii) Description of the Government PII and/or SPII contained within the system;

(xiii) Number of people potentially affected and the estimate or actual number of records exposed and/or contained within the system; and

(xiv) Any additional information relevant to the incident.

(g) Sensitive Information Incident Response Requirements.

(1) All determinations related to sensitive information incidents, including response activities, notifications to affected individuals and/or Federal agencies, and related services (e.g., credit monitoring) will be made in writing by the Contracting Officer in consultation with the Headquarters or Component CIO and Headquarters or Component Privacy Officer.

(2) The Contractor shall provide full access and cooperation for all activities determined by the Government to be required to ensure an effective incident response, including providing all requested images, log files, and event information to facilitate rapid resolution of sensitive information incidents.

(3) Incident response activities determined to be required by the Government may include, but are not limited to, the following:

(i) Inspections,

(ii) Investigations,

(iii) Forensic reviews, and

(iv) Data analyses and processing.

(4) The Government, at its sole discretion, may obtain the assistance from other Federal agencies and/or third-party firms to aid in incident response activities.

(h) Additional PII and/or SPII Notification Requirements.

line winds, flooding, landslides, and mudslides for In-person, Virtual and Remote Sign Language Interpretation and remote/in-person Communication

(1) The Contractor shall have in place procedures and the capability to notify any individual whose PII resided in the Contractor IT system at the time of the sensitive information incident not later than 5 business days after being directed to notify individuals, unless otherwise approved by the Contracting Officer. The method and content of any notification by the Contractor shall be coordinated with, and subject to prior written approval by the Contracting

Officer, in consultation with the Headquarters or Component Privacy Officer, utilizing the DHS Privacy Incident Handling Guidance. The Contractor shall not proceed with notification unless the Contracting Officer, in consultation with the Headquarters or Component Privacy Officer, has determined in writing that notification is appropriate.

(2) Subject to Government analysis of the incident and the terms of its instructions to the Contractor regarding any resulting notification, the notification method may consist of letters to affected individuals sent by first class mail, electronic means, or general public notice, as approved by the Government. Notification may require the Contractor’s use of address verification and/or address location services. At a minimum, the notification shall include:

(i) A brief description of the incident;

(ii) A description of the types of PII and SPII involved;

(iii) A statement as to whether the PII or SPII was encrypted or protected by other means;

(iv) Steps individuals may take to protect themselves;

(v) What the Contractor and/or the Government are doing to investigate the incident, to mitigate the incident, and to protect against any future incidents; and

(vi) Information identifying who individuals may contact for additional information.

(i) Credit Monitoring Requirements. In the event that a sensitive information incident involves PII or SPII, the Contractor may be required to, as directed by the Contracting Officer:

(1) Provide notification to affected individuals as described above; and/or

(2) Provide credit monitoring services to individuals whose data was under the control of the Contractor or resided in the Contractor IT system at the time of the sensitive information incident for a period beginning the date of the incident and extending not less than 18 months from the date the individual is notified. Credit monitoring services shall be provided from a company with which the Contractor has no affiliation. At a minimum, credit monitoring services shall include:

line winds, flooding, landslides, and mudslides for In-person, Virtual and Remote Sign Language Interpretation and remote/in-person Communication

(i) Triple credit bureau monitoring;

(ii) Daily customer service;

(iii) Alerts provided to the individual for changes and fraud; and

(iv) Assistance to the individual with enrollment in the services and the use of fraud alerts;

and/or

(3) Establish a dedicated call center. Call center services shall include:

(i) A dedicated telephone number to contact customer service within a fixed period;

(ii) Information necessary for registrants/enrollees to access credit reports and credit scores;

(iii) Weekly reports on call center volume, issue escalation (i.e., those calls that cannot be handled by call center staff and must be resolved by call center management or DHS, as appropriate), and other key metrics;

(iv) Escalation of calls that cannot be handled by call center staff to call center management or DHS, as appropriate;

(v) Customized FAQs, approved in writing by the Contracting Officer in coordination with the Headquarters or Component Chief Privacy Officer; and

(vi) Information for registrants to contact customer service representatives and fraud resolution representatives for credit monitoring assistance.

(j) Certification of Sanitization of Government and Government-Activity-Related Files and Information. As part of contract closeout, the Contractor shall submit the certification to the COR and the Contracting Officer following the template provided in NIST Special Publication 800-88 Guidelines for Media Sanitization.

SOW FEMA, DR-4615 NY

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V. INFORMATION TECHNOLOGY SECURITY AND PRIVACY TRAINING (MAR

2015)

Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

Security Training Requirements.

All users of Federal information systems are required by Title 5, Code of Federal Regulations, Part 930.301, Subpart C, as amended, to be exposed to security awareness materials annually or whenever system security changes occur, or when the user’s responsibilities change. The Department of Homeland Security (DHS) requires that Contractor employees take an annual Information Technology Security Awareness Training course before accessing sensitive information under the contract. Unless otherwise specified, the training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 31st of each year. Any new Contractor employees assigned to the contract shall complete the training before accessing sensitive information under the contract. The training is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. The Contractor shall maintain copies of training certificates for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, initial training certificates for each Contractor and subcontractor employee shall be provided to the Contracting Officer’s Representative (COR) not later than thirty (30) days after contract award. Subsequent training certificates to satisfy the annual training requirement shall be submitted to the COR via e-mail notification not later than October 31st of each year. The e-mail notification shall state the required training has been completed for all Contractor and subcontractor employees.

The DHS Rules of Behavior apply to every DHS employee, Contractor and subcontractor that will have access to DHS systems and sensitive information. The DHS Rules of Behavior shall be signed before accessing DHS systems and sensitive information. The DHS Rules of Behavior is a document that informs users of their responsibilities when accessing DHS systems and holds users accountable for actions taken while accessing DHS systems and using DHS Information Technology resources capable of inputting, storing, processing, outputting, and/or transmitting sensitive information. The DHS Rules of Behavior is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. Unless otherwise specified, the DHS Rules of Behavior shall be signed within thirty (30) days of contract award.

Any new Contractor employees assigned to the contract shall also sign the DHS Rules of Behavior before accessing DHS systems and sensitive information. The Contractor shall maintain signed copies of the DHS Rules of Behavior for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, the Contractor shall e-mail

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20 | P a g e copies of the signed DHS Rules of Behavior to the COR not later than thirty (30) days after contract award for each employee. The DHS Rules of Behavior will be reviewed annually, and the COR will provide notification when a review is required.

Privacy Training Requirements. All Contractor and subcontractor employees that will have access to Personally Identifiable Information (PII) and/or Sensitive PII (SPII) are required to take Privacy at DHS: Protecting Personal Information before accessing PII and/or SPII. The training is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors.

Training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 31st of each year. Any new Contractor employees assigned to the contract shall also complete the training before accessing PII and/or SPII. The Contractor shall maintain copies of training certificates for all Contractor and subcontractor employees as a record of compliance. Initial training certificates for each Contractor and subcontractor employee shall be provided to the COR not later than thirty (30) days after contract award. Subsequent training certificates to satisfy the annual training requirement shall be submitted to the COR via e-mail notification not later than October 31st of each year. The e-mail notification shall state the required training has been completed for all Contractor and subcontractor employees.

Contractor Responsibilities

To accomplish the tasks outlined in this contract the contractor will have access to PII in the following PIAs and covered by the following SORNs:

DHS/ALL/PIA-025(a) Accessibility Compliance Management System (ACMS); DHS/ALL-021 Department of Homeland Security Contractors and Consultants and Routine Use F of: DHS/ALL-004 General Information Technology Access Account Records System (GITAARS), November 27, 2012, 77 FR 70792; DHS/ALL-033 Reasonable Accommodations Records System of Records, July 13, 2011, 76

FR 41274

The contractor will limit access to the PII provided by FEMA under this contract only to the contractor’s authorized personnel who need to know the information to accomplish the tasks outlined in this contract.

The contractor will ensure no computer matching, as that term is defined in U.S.C. § 552a(o), will occur for the purpose of establishing or verifying eligibility or compliance as it relates to cash or in-kind assistance of payments under federal benefit programs.

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If at any time during the term of this contract any part of FEMA PII, in any form, that the contractor obtains from FEMA ceases to be required by the contractor for the performance of the contract, or upon termination of the contract, whichever occurs first, the contractor shall, within fourteen (14) days thereafter, promptly notify FEMA and securely return PII to FEMA, or, at FEMA’s written request destroy, un-install and/or remove all copies of such PII in the contractor’s possession or control, and certify in writing to FEMA that such tasks have been completed.