Content created by Assistant Secretary for Financial Resources (ASFR)
Effective Date: 11/21/2025
HHSAR Text Baseline is 48 CFR Chapter 3 as of March 6, 2025
Changes to baseline shown as [bold, bracketed additions] and strikethrough deletions.
For HHSAR 306, there are no associated part 352 provisions and clauses.
HHSAR PART 306—COMPETITION REQUIREMENTS [(RFO DEVIATION)]
[306.003 Advocates for competition.]
Subpart 306.2[306.1]—Full and Open Competition After Exclusion of Sources[Presolicitation]
[306.102 Full and open competition after excluding sources.] 306.202 [306.102-1] Establishing or maintaining alternative sources.
Subpart 306.3[306.103]—Other Than Full and Open Competition
[306.103 Other than full and open competition.] 306.302 Circumstances permitting other than full and open competition. 306.302-1[306.103-1] Only one responsible source and no other supplies or services will satisfy agency requirements. See FAR 6.302-1.
Subpart 306.5—Competition Advocates 306.501 Requirement.
[306.003 Advocates for competition.
The Executive Director, Acquisition Policy, Legislation, Oversight & Workforce, Assistant Secretary for Financial Resources (ASFR), Office of Acquisitions is designated as the HHS Advocate for Competition. A list of HHS procuring activity advocates for competition can be found at: https://www.hhs.gov/grants/grants-business-contacts/competition-advocates/index.html.]
Subpart 306.2[306.1]—Full and Open Competition After Exclusion of Sources[Presolicitation]
[306.102 Full and open competition after excluding sources.]
306.202[306.102-1] Establishing or maintaining alternative sources.
(a) The Senior Procurement Executive (SPE) shall [must] make the determination required in Federal Acquisition Regulation (FAR) 6.202[6.102-1](a).
(b)
(1) The contracting officer shall [must] prepare the required determination and findings (D&F), see FAR 6.202(b)(1), [6.102-1(b)(1)] based on the data provided by program personnel. The appropriate Competition Advocate (CA) (non-delegable) shall [must] sign the D&F, indicating concurrence. The final determination will be made by the [head of the agency or designee]SPE.
Subpart 306.3—Other Than Full and Open Competition
[306.103 Other than full and open competition.]
306.302 Circumstances permitting other than full and open competition.
306.302-1 [306.103-1] Only one responsible source and no other supplies or services will satisfy agency requirements. See FAR 6.302-1.
For acquisitions covered by 42 U.S.C. 247d-6a(b)(2)(A), “available from only one responsible source” shall [must] be deemed to mean “available from only one responsible source or only from a limited number of responsible sources”.
Subpart 306.5—Competition Advocates
306.501 Requirement.
The Department Competition Advocate for Health and Human Services is located in the Division of Acquisition.