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 [bolded, bracketed additions] and strikethrough deletions.
For HHSAR 352 only the provisions and clauses associated with part 311 are shown.
HHSAR PART 311—DESCRIBING AGENCY NEEDS [(RFO DEVIATION)]
Subpart 311.70—Section 508 Accessibility Standards
311.7000 Defining electronic and information technology [information and communication technology (ICT)] requirements.
Subpart 311.71—Public Accommodations and Commercial Facilities.
311.7100 Policy.
311.7101 Responsibilities.
311.7102 Contract clause.
Subpart 311.72—Conference Funding and Sponsorship [and Restrictions on Endorsements]
311.7200 Policy.
311.7201 Funding and sponsorship.[Sponsorship and restrictions on endorsements.]
311.7202 Contract clause.
Subpart 311.73—Contractor Collection of Information
311.7300 Policy.
311.7301 Contract clause.
[Subpart 311.74—Health Resources Priorities and Allocations System (HRPAS)
311.7400 Policy.]
Subpart 311.70—Section 508 Accessibility Standards
311.7000 Defining electronic and information technology [information and communication technology (ICT)] requirements.
The contracting officer shall [must] ensure that requiring activities specify agency needs for electronic and information technology (EIT) [information and communication technology (ICT)] supplies and services, and document market research, document EIT [ICT] requirements, and identify the applicable Section 508 accessibility standards. See FAR 11.002(f) [11.102(f)] and HHSAR subpart 339.2.
Subpart 311.71—Public Accommodations and Commercial Facilities
311.7100 Policy.
(a) It is HHS policy that all contractors comply with current and any future changes to 28 CFR part 36—Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. For the purpose of this policy, accessibility is defined as both physical access to public accommodations and commercial facilities, and access to aids and services enabling individuals with sensory disabilities to fully participate in events in public accommodations and commercial facilities.
(b) This policy applies to all contracts requiring contractors to conduct events in public accommodations and commercial facilities open to the public or involving HHS personnel, but not ad hoc meetings necessary or incidental to contract performance.
311.7101 Responsibilities.
The contractor shall [must] submit a plan assuring that any event held will meet or exceed the minimum accessibility standards set forth in 28 CFR part 36. A consolidated or master plan for contracts requiring numerous events in public accommodations and commercial facilities is acceptable.
311.7102 Contract clause.
The contracting officer shall [must] insert the clause at 352.211-1, Public Accommodations and Commercial Facilities, in solicitations, contracts, and orders requiring the contractor to conduct events in accordance with 311.7100(b).
Subpart 311.72—Conference Funding and Sponsorship [and Restrictions on Endorsements]
311.7200 Policy.
HHS policy requires that all conferences the agency funds or sponsors : be consistent with HHS missions, objectives, and policies; represent an efficient and effective use of taxpayer funds; and withstand public scrutiny. [It is the policy of HHS that all conferences and meetings that HHS is statutorily authorized to hold are carried out in accordance with all applicable laws and regulations; furthering HHS’s missions, objectives, and policies; represent an efficient and effective use of taxpayer dollars appropriated for such purpose; and withstand public scrutiny.]
311.7201 Funding and sponsorship. [Sponsorship and restrictions on endorsements.]
Funding a conference through a HHS contract does not automatically imply HHS sponsorship, unless the conference is funded entirely by the agency. Also, HHS staff attendance or participation at a conference does not imply HHS conference sponsorship. Accordingly, for non-conference contracts funded entirely by HHS prior to a contractor claiming HHS sponsorship, the contractor must provide the contracting officer a written request for permission to designate HHS the conference sponsor. The OPDIV or STAFFDIV (operating division or staff division) head, or designee, shall approve such requests. The determination on what constitutes a “conference contract” or a “non-conference contract” shall be made by the contracting officer. [A conference conducted under an HHS contract does not automatically imply HHS sponsorship. The contractor must not reference the product(s) or service(s) awarded under HHS contracts in commercial advertising, as defined in FAR 31.205-1, in any manner which states or implies HHS approval or endorsement. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The contractor must request to the contracting officer approval to claim HHS sponsorship and to authorize use of HHS logos.]
311.7202 Contract clause.
To ensure that a contractor:
(a) Properly requests approval to designate HHS the conference sponsor, where HHS is not the sole provider of conference funding; and
(b) Includes an appropriate Federal funding disclosure and content disclaimer statement for conference materials, t[T]he contracting officer shall [must] include the clause at 352.211-2, Conference Sponsorship Request and Conference Materials Disclaimer, in solicitations, contracts, and orders providing funding which partially or fully supports a conference.
Subpart 311.73—Contractor Collection of Information
311.7300 Policy.
In accordance with the Paperwork Reduction Act (PRA), contractors shall [must] not proceed with collecting information from surveys, questionnaires, or interviews until the COR obtains an Office of Management and Budget clearance and the contracting officer issues written approval to proceed. For any contract involving a requirement to collect or record information calling either for answers to identical questions from 10 or more persons other than Federal employees, or information from Federal employees which is outside the scope of their employment, for use by the Federal Government or disclosure to third parties, the contracting officer must comply with the PRA of 1995 (44 U.S.C. 3501 et seq.).
311.7301 Contract clause.
The contracting officer shall [must] insert the clause at 352.211-3, Paperwork Reduction Act, in solicitations, contracts, and orders that require a contractor to collect the same information from 10 or more persons.
[Subpart 311.74—Health Resources Priorities and Allocations System (HRPAS)
311.7400 Policy.
(a) HHS implementation of the Health Resources Priorities and Allocations System (HRPAS) is located at 45 CFR 101. HRPAS approved programs are listed in Appendix 1 to Part 101".
(b) If a rated order is anticipated, the contracting office will clearly identify in the solicitation the rating of the order and contractors will be required to follow all HRPAS requirements as outlined at 45 CFR 101.]
HHSAR PART 352—SOLICITATION PROVISIONS AND CONTRACT CLAUSES [(RFO DEVIATION)]
Subpart 352.2—Texts of Provisions and Clauses
352.211-1 Public Accommodations and Commercial Facilities. [(RFO DEVIATION)]
352.211-2 Conference Sponsorship Requests and Conference Materials Disclaimer. [(RFO DEVIATION)]
352.211-3 Paperwork Reduction Act. [(RFO DEVIATION)]
Subpart 352.2—Texts of Provisions and Clauses
352.211-1 Public Accommodations and Commercial Facilities.
As prescribed in HHSAR 311.7102, the contracting officer shall [must] insert the following clause:
PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES (DEC 2015) [(NOV 2025) (RFO DEVIATION)]
The Contractor agrees as follows:
(a) Except for ad hoc meetings necessary or incidental to contract performance, the Contractor shall [must] develop a plan to assure that any event held pursuant to this contract will meet or exceed the minimum accessibility standards set forth in 28 CFR part 36—Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. The Contractor shall [must] submit the plan to the Contracting Officer and must receive approval prior to the event. The Contractor may submit a consolidated or master plan for contracts requiring numerous events in lieu of separate plans.
(b) The Contractor shall [must] manage the contract in accordance with the standards set forth in 28 CFR part 36.
(End of clause)
352.211-2 Conference Sponsorship Requests and Conference Materials Disclaimer.
As prescribed in HHSAR 311.7202, the Contracting Officer shall [must] insert the following clause:
CONFERENCE SPONSORSHIP REQUEST AND CONFERENCE MATERIALS DISCLAIMER (DEC 2015)[(NOV 2025) (RFO DEVIATION)]
(a) If HHS is not the sole provider of funding under this contract, then, p[P]rior to the Contractor claiming HHS conference sponsorship, the Contractor shall [must] submit a written request (including rationale) to the Contracting Officer for permission to claim such HHS sponsorship.
(b) Whether or not HHS is the conference sponsor, t[T]he Contractor shall [must] include the following statement on conference materials, including promotional materials, agendas, and Web sites:
“This conference was funded, in whole or in part, through a contract (insert contract number) with the Department of Health and Human Services (HHS) (insert name of OPDIV or STAFFDIV[Division]). The views expressed in written conference materials and by speakers and moderators at this conference, do not necessarily reflect the official policies of HHS, nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government.”
(c) Unless authorized in writing by the Contracting Officer, the Contractor shall [must] not display the HHS logo on any conference materials.
[(d) The Contractor must not reference the product(s) or service(s) awarded under this contract in commercial advertising, as defined in FAR 31.205-1, in any manner which states or implies HHS approval or endorsement of the product(s) or service(s) provided.]
(End of clause)
352.211-3 Paperwork Reduction Act.
As prescribed in HHSAR 311.7301, the contracting officer shall [must] insert the following clause:
PAPERWORK REDUCTION ACT (DEC 2015) [(NOV 2025) (RFO DEVIATION)]
(a) This contract involves a requirement to collect or record information calling either for answers to identical questions from 10 or more persons other than Federal employees, or information from Federal employees which is outside the scope of their employment, for use by the Federal government or disclosure to third parties; therefore, the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) shall [must] apply to this contract. No plan, questionnaire, interview guide or other similar device for collecting information (whether repetitive or single time) may be used without the Office of Management and Budget (OMB) first providing clearance. Contractors and the Contracting Officer's Representative shall [must] be guided by the provisions of 5 CFR part 1320, Controlling Paperwork Burdens on the Public, and seek the advice of the HHS operating division or Office of the Secretary Reports Clearance Officer to determine the procedures for acquiring OMB clearance.
(b) The Contractor shall [must] not expend any funds or begin any data collection until the Contracting Officer provides the Contractor with written notification authorizing the expenditure of funds and the collection of data. The Contractor shall [must] allow at least 120 days for OMB clearance. The Contracting Officer will consider excessive delays caused by the Government which arise out of causes beyond the control and without the fault or negligence of the Contractor in accordance with the Excusable Delays or Default clause of this contract.
(End of clause)