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APM 2012-03 Implementation of the Requirements of the FY2012 HHS Appropriations Acts and HHS’ Non-Discrimination Policy, 3/28/12



Heads of Contracting Activity and Deputies


Angela Billups, Ph.D.  /s/
OS/ASFR/OGAPA/Associate Deputy Assistant Secretary for Acquisition
Senior Procurement Executive


Implementation of the Requirements of the FY2012 HHS Appropriations Acts and HHS’ Non-Discrimination Policy

  1. Purpose.  To provide implementation guidance for provisions in the HHS FY2012 Appropriations Acts, along with establishing HHS’ non-discrimination policy.

  2. Background. The FY2012 Appropriations Acts for HHS contain both new and modified restrictions on the funding provided.  HHS’ non-discrimination policy has also been added.

    References: Labor, HHS  Consolidated Appropriations Act, Fiscal Year 2012, Public Law 112-74, for the Departments of Labor, Health and Human Services, and Education and the Department of Interior and Related Agencies; the Consolidated and Further Continuing Appropriations Act, Fiscal Year 2012, Public Law 112-55 for the United States Department of Agriculture, and Related Agencies; Section 4002 of the Patient Protection and Affordable Care Act, Public Law (PL) 111-148; and HHS’ new non-discrimination policy.

    To maximize transparency with respect to the uses of Prevention and Public Health Fund (PPHF) funds that must be reported by the contractor, the contracting officer shall structure contract awards to allow for separately tracking PPHF funds. For example, the contracting officer may consider awarding dedicated separate contracts when using PPHF funds or establishing contract line item number (CLIN) structures to prevent commingling of PPHF funds with other funds.

  3. Content.  Attachment A provides implementing guidance with the interim updates to HHSAR.  Attachment B provides the text of the Appropriations act provisions that are being implemented.  Attachment C provides the HHSAR matrix for the clauses being added.  The HHSAR will be amended by adding the requirements for using the FY2012 appropriations through an interim rule which will be published in the Federal Register shortly.  Attachment D provides a FAR deviation to implement Appropriations act provisions related to suspension and debarment.

  4. Applicability.  All HHS acquisition communities as indicated in this guidance for actions that require obligation of FY2012 funding.  Actions include: the award of a new contract, exercise of an option, modifying an existing contract, and awarding or modifying orders against existing or new contracts (FAR 8.4 and 16.5).  This guidance also applies to orders placed by other agencies on behalf of HHS.

  5. Effective Date.  This Acquisition Policy Memorandum is effective for any acquisition awarded on/after December 23, 2011. 

  6. Termination Date.  This Acquisition Policy Memorandum and all interim guidance set forth remain in effect until rescinded or otherwise changed.

APM 2012-03M Implementation of the Requirements of the FY2012 HHS Appropriations Acts and HHS’ Non-Discrimination Policy, 3/28/12

  • Attachment A: Interim Updates to HHSAR
  • Attachment B: Applicable Public Laws 112-74 and 112-55
  • Attachment C: Requirements by Principle Type and/or Purpose of Contract
  • Attachment D: Class Deviation - Prohibition Against Contracting with Corporations with a Felony Criminal Conviction Under Federal or State Law or an Unpaid Federal Tax Liability
    • Attachment 1: Alternate - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under Any Federal Law
    • Attachment 2: GSA Class Deviation Memo to Implement Appropriations Provisions Related to Suspension and Debarment