Effective Date: 06/10/2026
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 part 352, only the provisions and clauses associated with part 303 are shown.
HHSAR PART 303 – IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST [(RFO DEVIATION)]
Subpart 303.1 – Safeguards
303.101 Standards of conduct.
303.101-3 Agency regulations. 303.104-7 Violations or possible violations of the Procurement Integrity Act.
Subpart 303.2 – Contractor Gratuities to Government Personnel
303.203 Reporting suspected violations of the Gratuities clause.
[303.204 Treatment of violations.]
Subpart 303.6 – Contracts with Government Employees or Organizations Owned or Controlled by Them[[Reserved]] 303.602 Exceptions.
Subpart 303.7 – Voiding and Rescinding Contracts[[Reserved]] 303.704 Policy.
Subpart 303.8 – Limitation[s] on the Payment of Funds to Influence Federal Transactions
[303.808 Solicitation provision and contract clause.]
303.808-70 Solicitation provision and c[C]ontract clause.
Subpart 303.10 – Contractor Code of Business Ethics and Conduct[[Reserved]] 303.1003 Requirements.
Subpart 303.1 – Safeguards
303.101 Standards of conduct.
303.101-3 Agency regulations.
(a)(3) [The United States Office of Government Ethics has promulgated regulations applicable to the entire Executive Branch that address the conduct matters referenced in FAR 3.101-3. See 5 CFR vol. 3, ch. XVI, subch. B.] The HHS Standards of Conduct are prescribed in 45 CFR part 73.
303.104-7 Violations or possible violations of the Procurement Integrity Act.
(a)
(1) The contracting officer shall submit to the head of the contracting activity (HCA) for review and concurrence the determination (along with supporting documentation) that a reported violation or possible violation of the statutory prohibitions has no impact on the pending award or selection of a contractor for award.
(2) The contracting officer shall refer the determination that a reported violation or possible violation of the statutory prohibitions has an impact on the pending award or selection of a contractor, along with all related information available, to the HCA. The HCA shall—
(i) Refer the matter immediately to the Associate Deputy Assistant Secretary—Acquisition (ADAS-A) for review, who may consult with the appropriate legal office representative and the Office of Inspector General (OIG) as appropriate; and
(ii) Determine the necessary action in accordance with FAR 3.104-7(c) and (d). The HCA shall obtain the approval or concurrence of the ADAS-A before proceeding with an action.
(b) The HCA (non-delegable) shall act with respect to actions taken under the Federal Acquisition Regulation (FAR) clause at 52.203-10, Price or Fee Adjustment for Illegal or Improper Authority.
Subpart 303.2 – Contractor Gratuities to Government Personnel
303.203 Reporting suspected violations of the Gratuities clause.
HHS personnel shall[must] report suspected violations of the clause at FAR 52.203-3, Gratuities, to the contracting officer, who [must]will in turn report the matter to the Office of General Counsel (OGC), Ethics Division, for [appropriate] disposition.
[303.204 Treatment of violations.
(a) The HHS Suspension and Debarment Official (SDO) is authorized to make the determination in FAR 3.204(a) and decide what action, if any, to take under FAR 3.204(c). The SDO may be contacted at exclusioninquiries@hhs.gov.
(b) Contractors may contact exclusioninquiries@hhs.gov with questions regarding agency procedures for the handling of suspected or confirmed violations.]
Subpart 303.6 – Contracts with Government Employees or Organizations Owned or Controlled by Them[[Reserved]]
303.602 Exceptions.
The HCA (non-delegable) is the official authorized to approve an exception to the policy stated in FAR 3.601.
Subpart 303.7 – Voiding and Rescinding Contracts[[Reserved]]
303.704 Policy.
(a) For purposes of supplementing FAR subpart 3.7, the HCA (non-delegable) is the designee. Coordination with the Senior Procurement Executive is required.
Subpart 303.8 – Limitation[s] on the Payment of Funds to Influence Federal Transactions
[303.808 Solicitation provision and contract clause.]
303.808-70 Solicitation provision and c[C]ontract clause.
The contracting officer shall i[I]nsert the clause at 352.203-70, Anti-l[L]obbying, in solicitations and contracts that exceed the simplified acquisition threshold.
Subpart 303.10 – Contractor Code of Business Ethics and Conduct[[Reserved]]
303.1003 Requirements.
(b) The contracting officer, when notified of a possible contractor violation, in accordance with FAR 3.1003(b), shall notify the OIG and the HCA.
(c)
(2) The contracting officer shall specify the title of HHS' OIG hotline poster and the Web site where the poster can be obtained in paragraph (b)(3) of the clause at FAR 52.203-14.
HHSAR PART 352 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES [(RFO DEVIATION)]
Subpart 352.2 – Texts of Provisions and Clauses
352.203-70 Anti-Lobbying.
Subpart 352.2 – Texts of Provisions and Clauses
352.203-70 Anti-Lobbying.
As prescribed in HHSAR 303.808-70, the Contracting Officer shall insert the following clause:
ANTI-LOBBYING (DEC 2015) [(JUN 2026) (RFO DEVIATION)]
Pursuant to the HHS annual appropriations acts, except for normal and recognized executive-legislative relationships, the Contractor shall[must] not use any HHS contract funds for:
(a) Publicity or propaganda purposes;
(b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any state or local legislature itself; or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or local government, except in presentation to the executive branch of any state or local government itself; or
(c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a state, local, or tribal government in policymaking and administrative processes within the executive branch of that government.
(d) The prohibitions in subsections[paragraphs] (a), (b), and (c) above shall [of this clause] include any activity to advocate or promote any proposed, pending, or future federal, state, or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control.
(End of clause)