HHSAR CD 2025-03, Attachment 1: RFO HHSAR Part 301 Deviation Text

HHSAR Text Baseline is 48 CFR Chapter 3 as of May 23, 2025.

Changes to baseline shown as [bold, bracketed additions] and strikethrough deletions.

Unchanged text is shown as asterisks.

Subpart 301.1—Purpose, Authority, and Issuance[Framework]

301.101 Purpose[Framework].

301.103 Authority.

[301.104 Publication and code arrangement.]

301.106[105] Office of Management and Budget[OMB] approval under the Paperwork Reduction Act.

Subpart 301.2[—Agency Acquisition Regulations] [Reserved]

[301.201 Policy.]

Subpart 301.4[301.3]—Deviations from the FAR

301.401[302] Deviations[Policy].

Subpart 301.6[301.4]—Career Development, Contracting Authority, and Responsibilities

301.602 Contracting officers.

301.603[403] Selection, appointment, and termination of appointment of[Selecting, appointing, and terminating the appointment for] contracting officers.

301.603-1[403-1] General.

301.602-3[405] Ratification of unauthorized commitments.

[Subpart 301.5—Determinations and Findings

301.506 Signatory authority.]

Subpart 301.1—Purpose, Authority, and Issuance[Framework]

301.101 Purpose[Framework].

• (a)
  • [(2)] The Department of Health and Human Services (HHS) Acquisition Regulation (HHSAR) establishes uniform HHS acquisition policies and procedures that implement and supplement the Federal Acquisition Regulation (FAR). [The HHSAR is issued in the Code of Federal Regulations (CFR) and is located at 48 CFR chapter 3.]
• (b)
  • (1) The HHSAR contains HHS policies that govern the acquisition process or otherwise control acquisition relationships between HHS' contracting activities and contractors. The HHSAR contains—
    • (i) Requirements of law;
    • (ii) HHS-wide policies;
    • (iii) Deviations from FAR requirements; and
    • (iv) Policies that have a significant effect beyond the internal procedures of HHS or a significant cost or administrative impact on contractors or offerors.
  • (2) Relevant internal procedures, guidance, and information not meeting the criteria in paragraph (b)(1) of this section are issued by HHS in other announcements, internal procedures, guidance, or information.

301.103 Authority.

• (b) The Assistant Secretary for Financial Resources (ASFR)[The Senior Procurement Executive (SPE), as delegated by the Secretary of HHS and the Assistant Secretary for Financial Resources (ASFR) as Chief Acquisition Officer (CAO),] prescribes the HHSAR under the authority of [41 U.S.C. 1707,] 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) [FAR subpart 1.2, and other authorities as cited].
• (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.”

[301.104 Publication and code arrangement.

• (a) The HHSAR is available on the internet at https://www.ecfr.gov/current/title-48/chapter-3 or https://acquisition.gov.
• (b) The HHSAR parallels the FAR in format, arrangement, and numbering. Each numbered unit or segment (e.g., part, subpart, section, etc.) of the HHSAR begins with the prefix “3” followed by the FAR unit or segment number that it is implementing. Supplementary material for which there is no FAR counterpart will be numbered using the numbers “70” or higher, sequentially.

• (c) Within the HHSAR, references to FAR coverage will include “FAR” in the citation (e.g., FAR part 9, FAR 9.106). Internal HHSAR cross references will not include “HHSAR” in the citation (e.g., part 309, 309.106).]

301.106[105] Office of Management and Budget[OMB] approval under the Paperwork Reduction Act.

[The list of information collections and record keeping requirements contained in the HHSAR have been approved by the OMB. The list can be found at https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/index.htm.]

• (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:

Subpart 301.2[—Agency Acquisition Regulations] [Reserved]

[301.201 Policy.

• (c) Internal HHS acquisition policy, procedures, and guidance that implements or supplements the FAR and the HHSAR is contained in the HHS Acquisition Manual (HHSAM) and other agency acquisition policy and guidance issuances, which may include acquisition alerts and other acquisition policy memoranda.]

Subpart 301.4[301.3]—Deviations from the FAR

301.401 Deviations.[301.302 Policy.]

• [(a)] Contracting officers are not permitted to deviate from the FAR or HHSAR without seeking proper approval. With full acknowledgement of FAR 1.102(d) regarding innovative approaches, any[Any] deviation to [the] FAR or the HHSAR requires approval by the Senior Procurement Executive (SPE).

Subpart 301.6[301.4]—Career Development, Contracting Authority, and Responsibilities

301.602 Contracting officers.

301.603[403] Selection, appointment, and termination of appointment of[Selecting, appointing, and terminating the appointment for] contracting officers.

301.603-1[403-1] General.

• (a) The Agency[agency] head has delegated broad [acquisition] authority to the Chief Acquisition Officer, who in turn has further delegated this [acquisition] authority to the SPE. The SPE has further delegated specific acquisition authority to the [heads of] Operating and Staff Division[s] heads and the HCAs[their head of contracting activity (HCA)]. [A list of HCAs is available at https://www.hhs.gov/grants/grants-business-contacts/hca-and-key-managers/index.html.]
• [(b)] The HCA (non-delegable) shall select, appoint, and terminate the appointment of contracting officers.
• (b[c]) To ensure proper control of redelegated acquisition authorities, HCAs shall maintain a file containing successive delegations of HCA authority through the contracting officer level.

301.602-3[405] Ratification of unauthorized commitments.

• (b) Policy.
  • (1) The Government is not bound by agreements with, or contractual commitments made to, prospective contractors by individuals who do not have delegated contracting authority. Unauthorized commitments do not follow the appropriate process for the expenditure of Government funds. Consequently, the Government may not be able to ratify certain actions, putting a contractor at risk for taking direction from a Federal official other than the contracting officer. See FAR 1.602-1[1.402-1]. Government employees responsible for unauthorized commitments are subject to disciplinary action. Contractors perform at their own risk when accepting direction from unauthorized officials. Failure to follow statutory and regulatory processes for the expenditure of Government funds is a very serious matter.
  • (2)
    • [(i)] The head of the contracting activity (HCA) is the official authorized to ratify an unauthorized commitment. No other re-delegations are authorized.
• (c) Limitations.
  • (5) The HCA shall coordinate the request for ratification with the Office of General Counsel, General Law Division and submit a copy to the SPE.

[Subpart 301.5—Determinations and Findings

301.506 Signatory authority.

Signatory authority for determinations and findings, when delegable in the FAR, are prescribed in applicable HHSAR parts or the corresponding HHSAM part.]