Content created by Division of Acquisition
HHSAR Text Baseline is 48 CFR Chapter 3 dated March 4, 2025.
Changes to baseline shown as [bolded, bracketed additions] and strikethrough deletions.
HHSAR text unchanged shown as asterisks.
HHSAR PART 309 - Contractor Qualifications [(deviation)]
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[Subpart 309.70 - HHS Special Contractor Qualifications
309.7000 Scope of subpart.
309.7001 Policy.
309.7002 Solicitation provision and contract clause.]
HHSAR PART 309 - Contractor Qualifications [(deviation)]
[Subpart 309.70 - HHS Special Contractor Qualifications
309.7000 Scope of subpart.
This subpart prescribes HHS special contractor qualifications.
309.7001 Policy.
(a) HHS requires contractors to comply with Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §§ 1681 et seq., including the requirements set forth in Presidential Executive Order 14168 titled Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq., and to remain compliant for the duration of the contract.
309.7002 Solicitation provisions and contract clauses.
The contracting officer shall insert the provision at 352.209-1, Contractor Compliance with Defending Women and Protecting Children Requirements – Certification (March 2025) (DEVIATION) into all solicitations with entities that participate in, facilitate, or fund programs that implicate Title IX including grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities.
The contracting officer shall insert clause at 352.209-2 Contractor Compliance with Defending Women and Protecting Children Requirements (March 2025) (DEVIATION), in solicitations, contracts, and orders with entities that participate in, facilitate, or fund programs that implicate Title IX including grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities. into all contracts and orders.]
HHSAR PART 322 - Application of Labor Laws to Government Acquisitions [(deviation)]
Subpart 322.8—Equal Employment Opportunity
322.810 Solicitation provisions and contract clauses.
[[Reserved] (DEVIATION)]
HHSAR PART 322 - Application of Labor Laws to Government Acquisitions [(deviation)]
Subpart 322.8—Equal Employment Opportunity
322.810 Solicitation provisions and contract clauses.
(h) The contracting officer shall insert the clause at 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations, in solicitations, contracts, and orders that include the clause at FAR 52.222-26, Equal Opportunity.
[[Reserved] (DEVIATION)]
HHSAR PART 323 - Environment, [Sustainable Acquisition, And Material Safety (Deviation)]ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
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Subpart 323.71 - Sustainable Acquisition Requirements[[Reserved] (DEVIATION)]
323.7100 Policy.
323.7101 Applicability.
323.7102 Procedures.
323.7103 Solicitation Provision.
HHSAR PART 323 - Environment, [Sustainable Acquisition, And Material Safety (DEVIATION)]ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
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Subpart 323.71—Sustainable Acquisition Requirements[[Reserved] (DEVIATION)]
323.7100 Policy.
This subpart provides procedures for sustainable acquisitions and use of the following: Designated recycled content; energy efficient, environmentally preferred, Electronic Product Environmental Assessment Tool (EPEAT)-registered, bio-based, water efficient, non-ozone depleting products and services; and alternate fuel vehicles and fuels. The Department of Health and Human Services (HHS) has designated product and service codes for supplies and services having sustainable acquisition attributes. See FAR part 23.
323.7101 Applicability.
It is HHS policy to include a solicitation provision and to include an evaluation factor for an offeror's Sustainable Action Plan when acquiring sustainable products and services. This applies only to new contracts and orders above the micro-purchase threshold. Such contracts and orders include, but are not limited to: Office supplies; construction, renovation or repair; building operations and maintenance; landscaping services; pest management; electronic equipment, including leasing; fleet maintenance; janitorial services; laundry services; cafeteria operations; and meetings and conference services. If using a product or service code designated for supplies or services having sustainable acquisition attributes but a review of the requirement determines that no opportunity exists to acquire sustainable acquisition supplies or services, document the determination in the contract file and make note in the solicitation.
323.7102 Procedures.
(a) When required by the solicitation, offerors or quoters must include a Sustainable Acquisition Plan in their technical proposal addressing the environmental products and services for delivery under the resulting contract.
(b) The contracting officer must incorporate the final Sustainable Acquisition Plan into the contract.
(c) The contracting officer must ensure that sustainability is included as an evaluation factor in all applicable new contracts and orders when the acquisition utilizes a product or service code designated by HHS for supplies or services having sustainable acquisition attributes.
323.7103 Solicitation Provision.
The contracting officer must insert the provision at 352.223-71, Instruction to Offerors - Sustainable Acquisition, in solicitations above the micro-purchase threshold when the acquisition utilizes a product or service code designated by HHS as having sustainable acquisition attributes.
HHSAR PART 337 - Service Contracting [(DEVIATION)]
Subpart 337.1 - Service Contracts - General [(DEVIATION)]
337.103 Contracting officer responsibility. [(DEVIATION)]
HHSAR PART 337 - SERVICE CONTRACTING [(DEVIATION)]
Subpart 337.1 - Service Contracts - General [(DEVIATION)]
337.103 Contracting officer responsibility. [(DEVIATION)]
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(e) The contracting officer must insert the clause at 352.237-74, Non-Discrimination in Service Delivery, in solicitations, contracts, and orders to deliver services under HHS' programs directly to the public.
[(e)](f) The contracting officer must insert the clause at 352.237-75, Key Personnel, in solicitations and contracts when the contracting officer will require the contractor to designate contractor key personnel.
HHSAR PART 352 - Solicitation Provisions And Contract Clauses [(DEVIATION)]
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Subpart 352.2 - Texts of Provisions and Clauses [(DEVIATION)]
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[352.209-1 Contractor Compliance with Defending Women and Protecting Children Requirements – Certification (March 2025) (DEVIATION)
352.209-2 Contractor Compliance with Defending Women and Protecting Children Requirements (March 2025) (DEVIATION)]
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352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations.[[Reserved] (DEVIATION)]
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352.223-71 Instructions to Offerors—Sustainable Acquisition. [[Reserved] (DEVIATION)]
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352.226-1 Indian Preference. [(DEVIATION)]
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352.237-74 Non-Discrimination in Service Delivery.[[Reserved] (DEVIATION)]
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HHSAR PART 352 - Solicitation Provisions And Contract Clauses [(deviation)]
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Subpart 352.2 - Texts of Provisions and Clauses [(DEVIATION)]
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[352.209-1 Contractor Compliance with Defending Women and Protecting Children Requirements – Certification (March 2025) (DEVIATION)
As prescribed in HHSAR 309.7002, insert the following provision:
Contractor Compliance with Defending Women and Protecting Children Requirements – Certification (MARCH 2025) (DEVIATION)
(a) Certification. By submission of this offer and during performance of this contract, including the obligation, expenditure, or drawdown of funds, the contractor certifies that: [Offeror shall check each item.]
___ (1) It is compliant with Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §§ 1681 et seq., including the requirements set forth in Presidential Executive Order 14168 titled Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq., and Contractor will remain compliant for the duration of the contract.
___ (2) The above requirements are conditions of payment that go the essence of the contract and are therefore material terms of the contract.
___ (3) Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.
___ (4) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.
____ (5) Submitting a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.
(b) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.
(End of provision)
352.209-2 Contractor Compliance with Defending Women and Protecting Children Requirements (March 2025) (DEVIATION)
As prescribed in HHSAR 309.7002, insert the following clause:
Contractor Compliance with Defending Women and Protecting Children Requirements (MARCH 2025) (DEVIATION)
(a) During performance of this contract, including the obligation, expenditure, or drawdown of funds, the contractor agrees that:
(1) It must remain compliant with Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §§ 1681 et seq., including the requirements set forth in Presidential Executive Order 14168 titled Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq.
(2) The above requirements are conditions of payment that go the essence of the contract and are therefore material terms of the contract.
(3) Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.
(4) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.
(5) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.
(b) The Contractor must include the provisions of this clause in all subcontract solicitations and subcontracts awarded at any tier under this contract.
(c) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.
(End of clause)]
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352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations. [[Reserved] (DEVIATION)]
As prescribed in HHSAR 322.810(h), the Contracting Officer must insert the following clause:
Contractor Cooperation in Equal Employment Opportunity Investigations (DEC 2015)
(a) In addition to complying with the clause at FAR 52.222-26, Equal Opportunity, the Contractor must, in good faith, cooperate with the Department of Health and Human Services (Agency) in investigations of Equal Employment Opportunity (EEO) complaints processed pursuant to 29 CFR part 1614. For purposes of this clause, the following definitions apply:
(1) Complaint means a formal or informal complaint that has been lodged with Agency management, Agency EEO officials, the Equal Employment Opportunity Commission (EEOC), or a court of competent jurisdiction.
(2) Contractor employee means all current Contractor employees who work or worked under this contract. The term also includes current employees of subcontractors who work or worked under this contract. In the case of Contractor and subcontractor employees, who worked under this contract, but who are no longer employed by the Contractor or subcontractor, or who have been assigned to another entity within the Contractor's or subcontractor's organization, the Contractor must provide the Agency with that employee's last known mailing address, email address, and telephone number, if that employee has been identified as a witness in an EEO complaint or investigation.
(3) Good faith cooperation cited in paragraph (a) includes, but is not limited to, making Contractor employees available for:
(i) Formal and informal interviews by EEO counselors or other Agency officials processing EEO complaints;
(ii) Formal or informal interviews by EEO investigators charged with investigating complaints of unlawful discrimination filed by Federal employees;
(iii) Reviewing and signing appropriate affidavits or declarations summarizing statements provided by such Contractor employees during the course of EEO investigations;
(iv) Producing documents requested by EEO counselors, EEO investigators, Agency employees, or the EEOC in connection with a pending EEO complaint; and
(v) Preparing for and providing testimony in depositions or in hearings before the MSPB, EEOC and U.S. District Court.
(b) The Contractor must include the provisions of this clause in all subcontract solicitations and subcontracts awarded at any tier under this contract.
(c) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.
(End of clause)
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352.223-71 Instructions to Offerors—Sustainable Acquisition.[[Reserved] (DEVIATION)]
As prescribed in HHSAR 323.7103, the Contracting Officer shall insert the following provision:
Instructions to Offerors—Sustainable Acquisition (DEC 2015)
Offerors must include a Sustainable Acquisition Plan in their technical proposals. The Plan must describe their approach and the quality assurance mechanisms in place for applying FAR 23.1, Sustainable Acquisition Policy (and other Federal laws, regulations and Executive Orders governing sustainable acquisition purchasing) to this acquisition. The Plan shall clearly identify those products and services included in Federal sustainable acquisition preference programs by categorizing them along with their respective price/cost in the following eight groups: Recycled Content, Energy Efficient, Biobased, Environmentally Preferable, Electronic Product Environment Assessment Tool, Water-Efficient, Non-Ozone Depleting Substances, and Alternative Fuel Vehicle and Alternative Fuels.
(End of provision)
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352.226-1 Indian Preference. [(DEVIATION)]
As prescribed in HHSAR 326.505(a), the Contracting Officer shall insert the following clause:
Indian Preference (DEC 2015) [(DEVIATION) (mar 2025)]
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(c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled “Equal Opportunity.”
(d)[(c)] * * *
(e)[(d)] * * *
(f)[(e)] The Contractor agrees to include the provisions of this clause, including this paragraph (f)[(e)] of this clause, in each subcontract awarded at any tier under this contract.
(g)[(f)] * * *
(End of clause)
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352.237-74 Non-Discrimination in Service Delivery.[[Reserved] (DEVIATION)]
As prescribed in HHSAR 337.103(e), the Contracting Officer shall insert the following clause in solicitations and contracts:
Non-Discrimination In Service Delivery (DEC 2015)
It is the policy of the Department of Health and Human Services that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as race, color, national origin, religion, sex, gender identity, sexual orientation, or disability (physical or mental). By acceptance of this contract, the contractor agrees to comply with this policy in supporting the program and in performing the services called for under this contract. The contractor shall include this clause in all sub-contracts awarded under this contract for supporting or performing the specified program and services. Accordingly, the contractor shall ensure that each of its employees, and any sub-contractor staff, is made aware of, understands, and complies with this policy.
(End of clause)
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