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Part 301 HHS Acquisition Regulation Systems

HHS Acquisition Regulation System

Sections on this page:

Subpart 301.1 Purpose, Authority, and Issuance

Subpart 301.2 Administration

Subpart301.4--Deviations from the FAR


Subpart 301.1 Purpose, Authority, and Issuance

301.101 Purpose.

(a) The Department of Health and Human Services (HHS) Acquisition Regulation (HHSAR) establishes uniform HHS acquisition policies and procedures that conform to the Federal Acquisition Regulations (FAR) System.

(b) The HHSAR implements FAR policies and procedures and provides additional policies and procedures that supplement the FAR.

(c) The HHSAR contains HHS policies and procedures that govern the acquisition process or otherwise control acquisition relationships between HHS’ contracting activities and contractors.

301.103 Authority.

(b) The Assistant Secretary for Financial Resources (ASFR) prescribes the HHSAR under the authority of 5 U.S.C. 301 and section 205(c) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 121(c)(2)), as delegated by the Secretary).

(c) The HHSAR is issued in the Code of Federal Regulations (CFR) as Chapter 3 of Title 48, Department of Health and Human Services Acquisition Regulation. It may be referenced as "48 CFR Chapter 3."

301.106 Office of Management and Budget approval under the Paperwork Reduction Act.

(a) The Paperwork Reduction Act of 1980 (44 U.S.C 3501 et seq.) imposes a requirement on federal agencies to obtain approval from the Office of Management and Budget (OMB) before collecting the same information from 10 or more members of the public.

(b) The following OMB control numbers apply to the information collection and recordkeeping requirements contained in this chapter:

  

HHSAR SegmentOMB Control Number
315.40990-0139
342.71010990-0131
352.233-700990-0133
352.270-10990-0129
352.270-20990-0129
352.270-30990-0129
352.270-50990-0130
352.270-80990-0128
352.270-90990-0128
370.10990-0129
370.20990-0129

 

(c) The Contracting Officer shall insert the clause in 352.201-70, Paperwork Reduction Act, in solicitations, contracts, and orders that include a requirement to collect the same information from 10 or more persons.

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Subpart 301.2--Administration

301.270 Executive Committee for Acquisition.

(a) The Associate Deputy Assistant Secretary for Acquisition (Associate DAS for Acquisition) has established the Executive Committee for Acquisition (ECA) to facilitate the planning, development, and implementation of HHS acquisition policies and procedures and to share successful acquisition practices.

(b) The ECA consists of members and alternates from the following organizations:

      (1) ASFR/Office of Grants and Acquisition Policy and Accountability (OGAPA)/Division of Acquisition (DA).

      (2) Agency for Healthcare Research and Quality (AHRQ).

      (3) Assistant Secretary for Preparedness and Response/Office of Acquisitions Management, Contracts and Grants (ASPR/OAMCG).

      (4) Centers for Disease Control and Prevention (CDC).

      (5) Centers for Medicare and Medicaid Services (CMS).

      (6) Food and Drug Administration (FDA).

      (7) Health Resources and Services Administration (HRSA).

      (8) Indian Health Service (IHS).

      (9) National Institutes of Health (NIH).

      (10) Program Support Center (PSC).

      (11) Substance Abuse and Mental Health Services Administration (SAMHSA).

(c) The Associate DAS for Acquisition is the Chair of the ECA. The Chair will call all meetings and direct all ECA activities.

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Subpart 301.4--Deviations from the FAR

301.403 Individual deviations.

Contracting activities shall prepare requests for individual deviations to either the FAR or HHSAR in accordance with 301.470.

301.404 Class deviations.

Contracting activities shall prepare requests for class deviations to either the FAR or HHSAR in accordance with 301.470.

301.470 Procedure.

(a) Contracting activities shall prepare deviation requests in memorandum form and forward them through the Head of the Contracting Activity (HCA) to the Associate DAS for Acquisition. The Associate DAS for Acquisition (non-delegable) is the official authorized to approve all deviation requests. Contracting activities may request a deviation telephonically or by e-mail in an exigent situation, but shall confirm the request by memorandum as soon as possible.

(b) A deviation request shall clearly set forth the—

(1) Nature of the deviation, including what contract(s)/contractor(s) is involved;

(2) Identification of the FAR or HHSAR citation from which the deviation is needed;

(3) Circumstances under which the deviation will be used;

(4) Intended effect of the deviation;

(5) Period of applicability;

(6) Rationale for the deviation (NOTE: The Contracting Officer shall include a copy of pertinent background papers, such as a contractor's request, as part of the deviation request.); and

(7) Suggested wording for the deviation, if applicable.

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Content created by OGAPA-DA
Content last reviewed on June 9, 2014