Effective Date: 06/30/2026
HHSAR Text Baseline is 48 CFR Chapter 3 as of November 21, 2025.
Changes to baseline shown as [bolded, bracketed additions] and strikethrough deletions.
For HHSAR part 352, only the provisions and clauses associated with part 315 are shown.
HHSAR PART 315 – CONTRACTING BY NEGOTIATION [(RFO DEVIATION)]
[Subpart 315.1 – Presolicitation and Solicitation
315.107 Submission, modification, revision, and withdrawal of proposals.
315.107-70 Submission, modification, revision, and withdrawal of proposals – R&D acquisitions.
315.110 Solicitation provisions and contract clauses.
315.110-70 Solicitation provision – R&D acquisitions.]
Subpart 315.2 – Solicitation and Receipt of Proposals and Information[[Reserved]]315.204-5 Part IV—Representations and instructions.315.208 Submission, modification, revision, and withdrawal of proposals.
Subpart 315.3 – Source Selection[[Reserved]]315.303-70 Policy.315.304 Evaluation factors and significant subfactors.315.305 Proposal evaluation.
Subpart 315.4 – Contract Pricing[[Reserved]]315.404 Proposal analysis.315.404-2 Information to support proposal analysis.
Subpart 315.6[5] – Unsolicited Proposals[[Reserved]]315.605 Content of unsolicited proposals.315.606 Agency procedures.315.606-1 Receipt and initial review.
[Subpart 315.1 – Presolicitation and Solicitation
315.107 Submission, modification, revision, and withdrawal of proposals.
315.107-70 Submission, modification, revision, and withdrawal of proposals – R&D acquisitions.
(a) The provision prescribed at 315.110-70 may be used in competitive solicitations for biomedical or behavioral research and development (R&D) acquisitions when—
(1) The head of the contracting activity (HCA) determines that these acquisitions may be subject to conditions that could impact timely submission and receipt of proposals other than those specified in FAR 52.215-1(c)(3); and
(2) The solicitation includes the provision at FAR 52.215-1, Instructions to Offerors – Competitive Acquisition.
(b) When the solicitation includes the provision at 352.215-70, the contracting officer may consider a proposal received after the time specified for receipt, notwithstanding FAR 52.215-1(c)(3) if—
(1) It appears to offer significant cost or technical advantage to the Government; and
(2) It was received before proposals were distributed for evaluation; or
(3) It was received within 5 calendar days after the exact time specified for receipt.
(c) When the solicitation includes the provision at 352.215-70 and the contracting officer intends to consider a late proposal under 352.215-70, the contracting officer, with support from technical or cost personnel as appropriate, must document in writing that the proposal meets the requirements of the provision at 352.215-70.
315.110 Solicitation provisions and contract clauses.
315.110-70 Solicitation provision – R&D acquisitions.
Insert the provision at 352.215-70, Late Proposals and Revisions – R&D Acquisitions, in competitive solicitations for biomedical or behavioral R&D when the conditions at 315.107-70(a) are met.]
Subpart 315.2 – Solicitation and Receipt of Proposals and Information[[Reserved]]
315.204-5 Part IV—Representations and instructions.
(c) Section M, Evaluation factors for award.
(1) The requiring activity shall develop technical evaluation factors and submit them to the contracting officer as part of the acquisition plan or other acquisition request documentation for inclusion in a solicitation. The requiring activity shall indicate the relative importance or weight of the evaluation factors based on the requirements of an individual acquisition.
(2) Only a formal amendment to a solicitation can change the evaluation factors.
315.208 Submission, modification, revision, and withdrawal of proposals.
(b) In addition to the provision in Federal Acquisition Regulation (FAR) 52.215‑1, Instructions to Offerors—Competitive Acquisition, if the head of the contracting activity (HCA) determines that biomedical or behavioral research and development (R&D) acquisitions are subject to conditions other than those specified in FAR 52.215‑1(c)(3), the HCA may authorize for use in competitive solicitations for R&D, the provision at 352.215‑70, Late Proposals and Revisions. This is an authorized FAR deviation.
(2) When the provision at 352.215‑70 is included in the solicitation and if the HCA intends to consider a proposal or proposals received after the exact time specified for receipt, the contracting officer, with the assistance of cost or technical personnel as appropriate, shall determine in writing that the proposal(s) meets the requirements of the provision at 352.215‑70.
Subpart 315.3 – Source Selection[[Reserved]]
315.303-70 Policy.
(a) If an operating division (OPDIV) is required by statute to use peer review for technical review of proposals, the requirements of those statutes, any implementing regulatory requirements, the Federal Advisory Committee Act, and as applicable, any approved Department of Health and Human Services Acquisition Regulation (HHSAR) deviation(s) from this subpart take precedence over the otherwise applicable requirements of this subpart.
(b) The statutes that require such review and implementing regulations are as follows: National Institutes of Health—[42 U.S.C. 289a], Peer Review Requirements and [42 CFR part 52h], Scientific Peer Review of Research Grant Applications and Research and Development Contract Projects; Substance Abuse and Mental Health Services Administration—[42 U.S.C. 290aa‑3], Peer Review and Agency for Healthcare Research and Quality—[42 U.S.C. 299c‑1], Peer review with respect to grants and contracts.
315.304 Evaluation factors and significant subfactors.
When acquiring electronic and information technology supplies and services (EIT) using negotiated procedures, contracting officers shall comply with Section 508 of the Rehabilitation Act of 1973, as amended.
315.305 Proposal evaluation.
(c) Use of non-Federal evaluators.
(1) Except when peer review is required by statute as provided in 315.303‑70(a), decisions to disclose proposals to non-Federal evaluators shall be made by the official responsible for appointing Source Selection Evaluation Team members in accordance with OPDIV procedures. The avoidance of organizational and personal conflicts of interest must be taken into consideration when making the decision to use non-Federal evaluators.
(2) When a solicited proposal will be disclosed outside the Government to a contractor or a contractor employee for evaluation purposes, the following or similar conditions shall be part of the written agreement with the contractor prior to disclosure:
CONDITIONS FOR EVALUATING PROPOSALS
The contractor agrees that it and its employees, as well as any subcontractors and their employees (in these conditions, “evaluator”) will use the data (trade secrets, business data, and technical data) contained in the proposal for evaluation purposes only. The foregoing requirement does not apply to data obtained from another source without restriction. Any notice or legend placed on the proposal by either HHS or the offeror shall be applied to any reproduction or abstract provided to the evaluator or made by the evaluator. Upon completion of the evaluation, the evaluator shall return to the Government the furnished copy of the proposal or abstract, and all copies thereof, to the HHS office which initially furnished the proposal for evaluation. The evaluator shall not contact the offeror concerning any aspects of a proposal's contents.
Subpart 315.4 – Contract Pricing[[Reserved]]
315.404 Proposal analysis.
315.404-2 Information to support proposal analysis.
(a)
(2) When some or all information sufficient to determine the reasonableness of the proposed cost or price is already available or can be obtained from the cognizant audit agency, or by other means including data obtained through market research (See FAR part 10 and HHSAR part 310) the contracting officer may request less-than-complete field pricing support (specifying in the request the information needed) or may waive in writing the requirement for audit and field pricing support by documenting the file to indicate what information will be used. When field-pricing support is required, contracting officers shall make the request through the HCA.
Subpart 315.6[5] – Unsolicited Proposals[[Reserved]]
315.605 Content of unsolicited proposals.
(d) Warranty by offeror. To ensure against contacts between HHS personnel and prospective offerors that would exceed the limits of advance guidance set forth in FAR 15.604 and potentially result in an unfair advantage to an offeror…
UNSOLICITED PROPOSAL
WARRANTY BY OFFEROR
This is to warrant that—
(a) This proposal has not been prepared under Government supervision;
(b) The methods and approaches stated in the proposal were developed by this offeror;
(c) Any contact with HHS personnel has been within the limits of appropriate advance guidance set forth in FAR 15.604; and,
(d) No prior commitments were received from HHS personnel regarding acceptance of this proposal.
Date: __________________________
Organization: __________________________
Name: __________________________
Title: __________________________
(This warranty shall be signed by a responsible management official…)
315.606 Agency procedures.
(a) The HCA is responsible for establishing procedures to comply with FAR 15.606(a).
(b) The HCA or designee shall be the point of contact for coordinating the receipt and processing of unsolicited proposals.
315.606-1 Receipt and initial review.
(d) OPDIVs may consider an unsolicited proposal even though an organization… shall not award contracts based on unsolicited proposals…
HHSAR PART 352 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES [(RFO DEVIATION)]
Subpart 352.2 – Texts of Provisions and Clauses
352.215-70 Late Proposals and Revisions [– R&D Acquisitions].
Subpart 352.2 – Texts of Provisions and Clauses
352.215-70 Late Proposals and Revisions [– R&D Solicitations].
As prescribed in HHSAR 315.208[315.110-70], the Contracting Officer shall insert the following provision:
LATE PROPOSALS AND REVISIONS [– R&D ACQUISITIONS] (DEC 2015) DEVIATION [(JUN 2026) (RFO DEVIATION)]
Notwithstanding the procedures contained in [the provision at] FAR 52.215-1[, ](c)(3) of the provision of this solicitation entitled Instructions to Offerors-Competitive Acquisition, the Government may consider a proposal received [for biomedical or behavioral research and development (R&D)] after the date specified for receipt if[—]
[(a)] it[It] appears to offer significant cost or technical advantage to the Government[;] and
[(b)] it[It] was received before proposals were distributed for evaluation,[;] or
[(c) It was received] within 5 calendar days after the exact time specified for receipt, whichever is earlier.
(End of provision)