U.S. Department of Health & Human Services
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Part 302--Definitions of Words and Terms

HHS Acquisition Regulation (HHSAR)

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Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2)

Subpart 302.1--Definitions

302.101 Definitions.

(a) “Agency head or head of the Agency,” unless otherwise stated, means the head of the OPDIV for: AHRQ; CDC; CMS; FDA; HRSA; IHS; NIH; SAMHSA; and ASFR for the Office of the Secretary (OS), including PSC. The Assistant Secretary for Preparedness and Response (ASPR) is the head of the agency for BARDA contracting functions.

(b) Chief of the Contracting Office is typically a mid-level management official, usually an office director, division director, or branch chief, who manages and monitors the daily contract operations of an OPDIV or major component of an OPDIV. The CCO is subordinate to the HCA, except where the same individual is the HCA and CCO.  

(c) Contracting Officer's Technical Representative is a federal employee whom a Contracting Officer has designated in writing to act as the Contracting Officer’s representative in monitoring and administering specified aspects of contractor performance after award of a contract or order that exceeds the simplified acquisition threshold. (NOTE: In accordance with local procedures, OPDIVs may designate COTRs for contracts or orders estimated to be less than the simplified acquisition threshold.) These activities may include verifying that (1) the contractor’s performance meets the standards set forth in the contract; (2) the contractor meets the contract/order’s technical requirements by the specified delivery date(s) or within the period of performance; and (3) the contractor performs within the fixed price or cost ceiling stated in the contract or order. COTRs must meet the training and certification requirements specified in 301.604.

(d) Head of the contracting activity is an official who has overall responsibility for managing a contracting activity – i.e., the organization within an OPDIV or other HHS organization which has been delegated broad authority regarding the conduct of acquisition functions.

(1) The HHS HCAs are as follows:

AHRQ: Director, Division of Contracts Management
ASPR: Director, Office of Acquisitions Management, Contracts and Grants
CDC: Director, Procurement and Grants Office
CMS: Director, Office of Acquisition and Grants Management
FDA: Director, Office of Acquisitions and Grant Services
HRSA: Director, Office of Acquisition Management and Policy
IHS: Director, Division of Acquisition Policy
NIH: Director, Office of Acquisition and Logistics Management
PSC: Director, Strategic Acquisition Service
SAMHSA: Director, Division of Contracts Management

(2) Each HCA shall conduct an effective and efficient acquisition program; establish adequate controls to ensure compliance with applicable laws, regulations, procedures, and the dictates of good management practices; and conduct periodic reviews to evaluate and determine the extent of adherence to prescribed policies and regulations and the need for guidance and training.

(3) HCAs may redelegate their authorities to the extent that redelegation is not prohibited by the terms of their respective delegations of authority, by law, by the FAR, by the HHSAR, or by other regulations. To ensure proper control of redelegated acquisition authorities, HCAs shall maintain a file containing successive delegations of HCA authority through the Contracting Officer level.

(e) Program Manager is a federal employee whom an OPDIV official or designee one level above the head of the sponsoring program office has designated in writing to act as a Program Manager for a group of related major or non-major IT or construction capital investments – see HHS’ P/PM Handbook. See also Appendix D, Relationship between Program Management and Project Management, of OFFP memorandum entitled “The Federal Acquisition Certification for Program and Project Managers,” dated April 25, 2007. Program Managers must meet the FAC-P/PM certification requirements in 301.607. A Program Manager may also be delegated authority to act as the COTR for a major or non-major IT or construction capital investment – see 301.604.

(f) Project Manager is a federal employee whom a head of the sponsoring program office (Program Manager) or designee has designated in writing to act as a Project Manager for a major or non-major IT or construction capital investment – see HHS’ P/PM Handbook. See also Appendix D, Relationship between Program Management and Project Management, of OFFP memorandum entitled “The Federal Acquisition Certification for Program and Project Managers,” dated April 25, 2007. Project Managers must meet the FAC-P/PM certification requirements in 301.607. A Project Manager may also be delegated authority to act as the COTR for a major or non-major IT or construction capital investment – see 301.604.

(g) Project Officer is a federal employee whom a head of the sponsoring program office (Program Manager) or designee has designated in writing to act as a Project Officer and provide guidance, information, and assistance to the Contracting Officer for all technical aspects of a proposed project before award of a contract or order that is estimated to exceed the simplified acquisition threshold. (NOTE: In accordance with local procedures, OPDIVs may designate Project Officers for contracts or orders estimated to be less than the simplified acquisition threshold.)  Project Officers must meet the training requirements in 301.606. Project Officers are often delegated authority to also act as the COTR on a contract or order – see 301.604.

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Subpart 302.2--Definitions Clause

302.201 Contract clause.

The Contracting Officer shall insert the clause in FAR 52.202-1, Definitions, in solicitations and contracts, except as cited below. This is an authorized FAR deviation.

(a) In accordance with FAR 52.202–1(a)(1), the Contracting Officer shall insert paragraph (a) in 352.202-1 in place of paragraph (a) of the FAR clause.

(b) In accordance with FAR 52.202–1(a)(1), the Contracting Officer shall insert paragraph (b), or its alternate in 352.202-1, to the end of the FAR clause. The Contracting Officer shall insert paragraph (b) when a fixed-priced contract is contemplated and the alternate to paragraph (b) when a cost-reimbursement contract is contemplated.

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Subpart 302.70--Common HHSAR Acronyms and Abbreviations

302.7000 Common HHSAR acronyms and abbreviations.

(a) The HHSAR cites numerous acquisition-related and organizational acronyms and abbreviations. Each of these is established where first cited in the text, following the use of the unabbreviated term, and are used in subsequent subparts of that part or any other part of the HHSAR.

(b) The table below cites, for reference purposes, the most commonly used acronyms and abbreviations – i.e., those that have applicability to multiple parts of the HHSAR, and where they are first cited. They are listed alphabetically. The HHSAR also contains other acronyms and abbreviations, which because they are cited only in one HHSAR part, subpart, section, or in reference to a particular topic, are not listed in the table. An example is DCIS (Departmental Contracts Information System) cited in subpart 304.602.

Acronym/
Abbreviation

Term

Where first cited in the HHSAR

A & E architect and engineer (contracts) 304.803-70(b)
AHRQ Agency for Healthcare Research and Quality 301.270(b)
AP Acquisition Plan 301.606-71
ASFR Assistant Secretary for Financial Resources (in OS) 301.103(b)
ASPR/OAMCG Assistant Secretary for Preparedness and Response, Office of Acquisitions Management, Contracts and Grants 301.270(b)
Associate DAS for Acquisition Associate Deputy Assistant Secretary for Acquisition (in OS/ASFR/OGAPA/DA) 301.270(a)
BPA or BPAs Blanket Purchase Agreement(s) 301.603-70(b)
CA Competition Advocate 306.202(a)
CAO Chief Acquisition Officer (for HHS) 301.603-72(a)(4)
CCO Chief of the Contracting Office 301.602-3(b)(3)
CDC Centers for Disease Control and Prevention 301.270(b)
CFR Code of Federal Regulations 301.103(c)
CIO Chief Information Officer (for HHS) 301.607-73(a)
CMS Centers for Medicare and Medicaid Services 301.270(b)
COTR Contracting Officer’s Technical Representative 301.604-70
D&F Determination and Findings 306.202(b)(1)
DA Division of Acquisition (in ASFR) in OS 301.270(b)
DASFMP Deputy Assistant Secretary for Facilities Management and Policy 301.607-73(a)
DAS/GAPA Deputy Assistant Secretary for Grants and Acquisition Policy and Accountability 309.403
EIT electronic information technology 301.603-73(e)
EVM earned value management 301.607-73(a)
FAR Federal Acquisition Regulation 301.101(a)
FDA Food and Drug Administration 301.270(b)
FedBizOpps Federal Business Opportunities 305.205(a)
FSS Federal Supply Schedule 304.803-70(b)
GLD General Law Division (typically referred to with “OGC”) 301.602-3(c)(5)
GSA General Services Administration 304.803-70(b)
GWAC Government-wide acquisition contract 304.803-70(b)
HCA Head of the Contracting Activity 301.470(a)
HHS (Department of) Health and Human Services 301.101(a)
HHSAR Health and Human Services Acquisition Regulation 301.101(a)
HRSA Health Resources and Services Administration 301.270(b)
HUBZone Historically Underutilized Business Zone 305.205(a)(2)
IDIQ indefinite-delivery, indefinite-quantity (contract type) 301.603-70(b)
IHS Indian Health Service 301.270(b)
IT information technology 301.607-71(a)
JOFOC Justification for Other than Full and Open Competition 306.303-1(b)(1)
NIH National Institutes of Health 301.270(b)
OCIO Office of the Chief Information Officer (for HHS) 301.607-73(a)
OFMP Office of Facilities Management and Policy (for HHS) 301.607-73(a)
OGAPA Office of Grants and Acquisition Policy and Accountability 301.270(b)
OGC Office of the General Counsel 301.602-3(c)(5)
OIG Office of the Inspector General 303.104-7(a)(2)(i)
OMB Office of Management and Budget 301.106
OPDIV Operating Division 301.607-73(a)
OS Office of the Secretary 302.101(a)
OSDBU Office of Small and Disadvantaged Business Utilization (in OS) 307.104(a)(4)
P.L. Public Law 304.604
PWS performance work statement (typically cited with SOW) 304.1300(c)
PSC Program Support Center (in OS) 301.270(b)
R & D research and development 301.607-72(b)
RFI Request for Information 305.205(a)
SAMHSA Substance Abuse and Mental Health Services Administration 301.270(b)
SBS Small Business Specialist (in OSDBU) 307.104(a)(4)
SF Standard Form 301.603-1(b)
SOW statement of work [inclusive of specification(s)] and typically cited with PWS 304.1300(c)
SPE Senior Procurement Executive –  i.e., Associate DAS for Acquisition 301.603-71
STAFFDIV Staff Division (in OS) 311.7001(b)

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Subpart 302.71--HHS Standard Templates and Formats

302.7100 HHS standard templates and formats.

HHS has developed standard templates and formats for preparation of various acquisition documents, reports, and plans. The templates and formats, which contain instructions for their completion, may be accessed on the ASFR/OGAPA/DA Internet website. A complete listing of the standard templates and formats and where they are referenced in the text are cited in the table below:

Title of Template/Format

HHSAR Reference

Acquisition Plan Template (DOC - 30 pages) 307.7103
Acquisition Plan Waiver Request (PDF - 4 pages) 307.7101(b)(2)
Acquisition Strategy (DOC - 15 pages) 307.104-70
Annual Acquisition Plan (PDF - 4 pages) 307.104(a)(5)
Competition Advocate Report (DOC - 8 pages) 306.502(b)
Contract File Checklists 304.803-70
FedBizOpps R & D Sources Sought Notice 305.205(a)(3)
FedBizOpps Request for Information 315.201(e)(4)
FedBizOpps Small Business Sources Sought Notice 319.202-2(a)(3)
FedBizOpps Sources Sought Notice 310.001(a)(3)(iv)
Justification for Other than Full and Open Competition (DOC - 8 pages) 306.303-1(b)(1)
Limited Source Justification (DOC - 8 pages) 308.405-6(g)(1)(i)

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Content created by Office of Grants and Acquisition Policy and Accountability (OGAPA)
Content last reviewed on August 20, 2015