HHSAR Class Deviation 2026-06

Signature Date: March 29, 2026

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This CD is effective until incorporated into the HHSAR, superseded, or otherwise rescinded.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 370, and applicable portions of 352 to align with the FAR Council’s RFO principles. HHSAR part 370 has no FAR equivalent.

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• Remove duplicative or outdated language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.

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. A. Follow the RFO HHSAR parts 307, 308, 331, 335, and 336 deviation text, including the corresponding part 352 deviation text, instead of HHSAR parts 307, 308, 331, 335, and 336 as codified at 48 CFR Chapter 3. The RFO HHSAR deviation text is shown in the Attachments listed in Section 11.
   • Clean (without markup) versions of RFO HHSAR deviation texts are available at https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar-overhaul/index.html.
2. B. When issuing new solicitations, contracts, or orders:
   1. Do not include the following provisions and clauses:
      • 352.270-4a Notice to Offerors, Protection of Human Subjects (DEC 2015)
      • 352.270-4b Protection of Human Subjects (DEC 2015)
      • 352.270-5a Notice to Offerors of Requirement for Compliance with the Public Health Service Policy on Humane Care and Use of Laboratory Animals (DEC 2015)
      • 352.270-5b Care of Live Vertebrate Animals (DEC 2015)
      • 352.270-6 Restriction on Use of Human Subjects (DEC 2015)
      • 352.270-9 Non-Discrimination for Conscience (DEC 2015)
      • 352.270-10 Notice to Offerors – Protection of Human Subjects, Research Involving Human Subjects Committee (RIHSC) Approval of Research Protocols Required (DEC 2015)
      • 352.270-11 Protection of Human Subjects – Research Involving Human Subjects Committee (RIHSC) Approval of Research Protocols Required (DEC 2015))
      • 352.270-12 Needle Exchange (DEC 2015)
      • 352.270-13 Continued Ban on Funding Abortion and Continued Ban on Funding of Human Embryo Research (DEC 2015)
   2. Include, if applicable, the following deviated provision using the deviated text shown in the Attachment listed in Section 11:
      • 352.270-70 Non-Discrimination for Conscience (MAR 2026) (RFO DEVIATION)
   3. Review the deviated HHSAR part 335 and include the applicable provisions and clauses prescribed in that part.
3. C. For open solicitations:
   1. Amend the solicitation to remove the provisions and clauses listed in B.1 above.
   2. Amend the solicitation to include, if applicable, the deviated provision listed in B.2 above.
   3. Review the deviated HHSAR part 335 and amend the solicitation to include the applicable provisions and clauses prescribed in that part.
4. D. For existing contracts and orders, at the next available opportunity:
   1. Modify the contract or order to remove the provisions and clauses listed in B.1 above.
   2. Modify the contract or order to include, if applicable, the deviated provision listed in B.2 above.
   3. Review the deviated HHSAR 335 and modify the contract or order to include the applicable provision and clauses prescribed in that part.

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, revised, and updated with plain language edits. Notable changes are summarized below, and all changes are reflected in the Attachments listed in Section 11.

• HHSAR Part 307 — Special Programs Affecting Acquisition
  • Removed the following previously reserved subpart numbers: 370.1, 370.2, 370.5, and 370.6.
  • Subpart 370.3 – Acquisitions Involving Human Subjects
    • The underlying sections in this subpart are removed, and the subpart number is reserved.
    • Content formerly in this subpart is relocated to HHSAR subpart 335.70.
  • Subpart 370.4 – Acquisitions Involving the Use of Laboratory Animals
    • The underlying sections in this subpart are removed, and the subpart number is reserved.
    • Content formerly in this subpart is relocated to HHSAR subpart 335.71.
  • Subpart 370.7 – Acquisitions Under the Leadership Act
    • This subpart is retitled “Acquisitions Under the President’s Emergency Plan for AIDS Relief.”
    • Plain language edits were made throughout the subpart to enhance readability and clarity, and removed content that is more appropriate for internal agency guidance.
• HHSAR Part 352 – Solicitation Provisions and Contract Clauses
  • Removed the following previously reserved provision/clause numbers: 352.270-1, 352.270-2, 352.270-3, 352.270-7, and 352.270-8.
  • 352.270-4a, Notice to Offerors, Protection of Human Subjects
    • Removed and reserved.
    • The substance of the clause, with revisions, is incorporated into HHSAR 352.235-70.
  • 352.270-4b, Protection of Human Subjects
    • Removed and reserved the clause number.
    • The substance of the clause, with revisions, is incorporated into HHSAR 352.235-71.
  • 352.270-5a, Notice to Offerors of Requirement for Compliance with the Public Health Service Policy on Humane Care and Use of Laboratory Animals
    • Removed and reserved.
    • The substance of the provision, with revisions, is incorporated into HHSAR 352.235-74.
  • 352.270-5b, Care of Live Vertebrate Animals
    • Removed and reserved.
    • The substance of the clause, with revisions, is incorporated into HHSAR 352.235-75.
  • 352.270-6, Restriction on Use of Human Subjects
    • Removed and reserved the clause number.
    • The substance of the clause is incorporated, with revisions, into HHSAR 352.235-71.
  • 352.270-9, Non-Discrimination for Conscience
    • Removed and reserved.
    • The substance of the provision, with revisions, is incorporated into HHSAR 352.270-70.
  • 352.270-10, Notice to Offerors – Protection of Human Subjects, Research Involving Human Subjects Committee (RIHSC) Approval of Research Protocols Required
    • Removed and reserved as the content is outdated and no longer consistent with current policies and procedures.
  • 352.270-11, Protection of Human Subjects – Research Involving Human Subjects Committee (RIHSC) Approval of Research Protocols Required
    • Removed and reserved as the content is outdated and no longer consistent with current policies and procedures.
  • 352.270-12, Needle Exchange
    • Removed and reserved the clause number.
    • The substance of the clause, with revisions, is incorporated into HHSAR clause 352.235-72.
  • 352.270-13, Continued Ban on Funding Abortion and Continued Ban on Funding of Human Embryo Research
    • Removed and reserved.
    • The substance of the clause, with revisions, is incorporated into HHSAR 352.235-73.
  • 352.270-70, Non-Discrimination for Conscience
    • This provision previously at 352.270-9 is effectively redesignated as 352.270-70.
    • This new provision incorporates, with plain language edits, the substance of the provision previously at 352.270-9.

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 370 & Applicable Part 352 Deviation Text