HHSAR CD 2026-01

Signature Date: November 21, 2025

1.    EFFECTIVE DATE:

Immediately upon signature.

2.    EXPIRATION DATE:

This CD is effective until incorporated into the HHSAR, superseded, or otherwise rescinded.

3.    PURPOSE:

This HHSAR CD implements requirements to comply with EO 14275, Restoring Common Sense to Federal Procurement, and the Revolutionary FAR Overhaul (RFO) initiative. This CD revises HHSAR parts 306, 311, and applicable portions of 352 to align with the FAR Council’s RFO model deviation text for FAR parts 6, 11, and 52.

4.    APPLICABILITY:

The requirements in this CD are applicable to all HHS Divisions for applicable solicitations, contracts, and orders.

5.    ROLES AND RESPONSIBILITIES:

Heads of the Contracting Activities (HCAs) must ensure this CD is disseminated to the acquisition workforce and ensure compliance with the requirements in the CD. Additionally, HCAs must review and update any applicable internal procedures and guidance to reflect the policies and guidance contained herein.

6.    BACKGROUND:

On April 15, 2025, EO 14275, Restoring Common Sense to Federal Procurement, was signed. Section 2 of the EO establishes the policy that the FAR “should only contain provisions required by statute or essential to sound procurement, and any FAR provisions that do not advance these objectives should be removed.”

Under the RFO initiative, the FAR is being updated to:

• Remove language that is not required by statute
• Remove duplicative or outdated language
• Clarify or provide more plain language
• Revise language for the new FAR framework
• Retain language necessary for governmentwide acquisition standards.

On June 18, 2025, the FAR Council released their RFO model deviation text for FAR part 11 and affected FAR part 52 provisions and clauses. On June 27, 2025, the FAR Council released their RFO model deviation text for FAR part 6. These changes flow down to and directly impact the HHSAR and require immediate updates.

41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure, or form, including an amendment or modification, may not take effect until 60 days after it is published for public comment in the Federal Register if it “(A) relates to the expenditure of appropriated funds; and (B)(i) has a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form; or (ii) has a significant cost or administrative impact on contractors or offerors.”

However, to ensure alignment with recently issued EOs, it is necessary to issue this CD in advance of a proposed rule to ensure HHS solicitations, contracts, and orders consistently reflect the policies and priorities of the Administration. HHS intends on developing a rule after the release of this CD.

7.    POLICY/GUIDANCE:

HHS contracting staff must comply with the following:

1. Follow the RFO HHSAR parts 306 and 311 deviation text, including the corresponding part 352 deviation text, instead of HHSAR parts 306 and 311 as codified at 48 CFR Chapter 3. The RFO HHSAR deviation text is shown in the Attachments listed in Section 11.
2. When issuing new solicitations, contracts, or orders:
   • Include applicable deviated provisions and clauses identified in Attachment 2.
3. For open solicitations:
   • Amend the solicitation to include applicable deviated provisions and clauses as identified in Attachment 2.
4. For existing contracts and orders:
   • At the next available opportunity, modify the contract/order to include applicable deviated provisions and clauses identified in Attachment 2.

8.    AUTHORITY:

This CD is issued under the authority of RFO FAR 1.304, Class deviations; RFO HHSAR 301.103, Authority; and RFO HHSAR 301.302, Policy.

9.    SUMMARY OF HHSAR CHANGES:

To implement or align with the requirements of the RFO, the HHSAR is deviated, renumbered, and revised, as summarized below. All changes are reflected in the Attachments listed in Section 11.

• HHSAR Part 306—Competition Requirements
  • Subpart 306.2—Full and Open Competition After Exclusion of Sources
    • Subpart is renumbered to 306.1 and retitled to Presolicitation.
    • New section 306.102 added as heading only.
    • Section 306.202: Renumbered to 306.102-1.
  • Subpart 306.3—Other Than Full and Open Competition
    • Subpart is renumbered as section 306.103.
    • Section 306.302: Removed.
    • Subsection 306.302-1: Renumbered to 306.103-1 and removed FAR reference 6.302-1.
  • Subpart 306.5—Competition Advocates
    • Subpart and underlying section 306.501 are removed and replaced with coverage in new section 306.003 titled Advocates for competition.
• HHSAR Part 311—Describing Agency Needs
  • Subpart 311.70—Section 508 Accessibility Standards
    • Section 311.7000: Changed terminology from “electronic and information technology” to “information and communication technology” and “EIT” to “ICT.”
  • Subpart 311.72—Conference Funding and Sponsorship
    • Retitled to Conference Sponsorship and Restrictions on Endorsements.
    • Section 311.7201: OPDIV or STAFFDIV changed to Divisions.
  • Added subpart 311.74—Health Resources Priorities and Allocations System (HRPAS) and added underlying section 311.7400.
• HHSAR Part 352—Solicitation Provisions and Contract Clauses
  • HHSAR Clause 352.211-1 Public Accommodations and Commercial Facilities updated with plain language.
  • HHSAR clause 352.211-2, Conference Sponsorship Request and Conference Materials Disclaimer
    • OPDIV or STAFFDIV changed to Divisions.
  • HHSAR Clause 352.211-3 Paperwork Reduction Act updated with plain language.

10.    CONTACT:

Acquisition workforce members with questions regarding this CD should contact their cognizant Division Acquisition Office or Acquisition Policy Council (APC) Representative(s), as appropriate.

The current list of APC Representatives may be found on the Acquisition Councils and Workgroups Page of the HHS Acquisition Portal (HHSAP). (Note: The HHSAP is accessible only by HHS employees and contractors on the HHS network. It is not publicly accessible.)

All other questions should be directed to Acquisition_Policy@hhs.gov.

11.    ATTACHMENT(S):

Attachment 1 – RFO HHSAR Part 306 Deviation Text 
Attachment 2 – RFO HHSAR Part 311 & Applicable Part 352 Deviation Text