Effective Date: 10/01/2026
HHSAR Text Baseline is 48 CFR Chapter 3 as of June 16, 2026.
Changes to baseline shown as [bolded, bracketed additions] and strikethrough deletions.
For HHSAR part 352, only the provisions and clauses associated with part 337 are shown.
HHSAR PART 337 – SERVICE CONTRACTING—GENERAL [(RFO DEVIATION)]
Subpart 337.1 – Service Contracts—General337.101 Contracting officer responsibility.
[Subpart 337.5—Child Care Services
337.502-170 Policy—special contract requirements.
337.502-170-1 Prohibition on smoking in facilities during delivery of services to children.
337.502-170-2 Reporting of child abuse by covered professionals.
337.502-170-3 Requirement for background checks—child care services.
337.502-170-4 Indian Child Protection and Family Violence Act-background investigations.
337.570 Contract clauses.]
[Subpart 337.8—Other Service Considerations
337.802-70 Key personnel.
337.802-570 Contract clauses.]
Subpart 337.1 – Service Contracts—General
337.103 Contracting officer responsibility.
(d)(1) The contracting officer shall insert the clause at 352.237-70, Pro-Children Act, in solicitations, contracts, and orders that involve:(i) Kindergarten, elementary, or secondary education or library services; or(ii) Health or daycare services that are provided to children under the age of 18 on a routine or regular basis pursuant to the Pro-Children Act of 1994 (20 U.S.C. 6081-6084).
(2) The contracting officer shall insert the clause at 352.237-71, Crime Control Act—Reporting of Child Abuse, in solicitations, contracts, and orders that require performance on Federal land or in a federally operated (or contracted) facility and involve the professions/activities performed by persons specified in the Crime Control Act of 1990 (42 U.S.C. 13031) including, but not limited to, teachers, social workers, physicians, nurses, dentists, health care practitioners, optometrists, psychologists, emergency medical technicians, alcohol or drug treatment personnel, child care workers and administrators, emergency medical technicians and ambulance drivers.(3) The contracting officer shall insert the clause at 352.237-72, Crime Control Act—Requirement for Background Checks, in solicitations, contracts, and orders that involve providing child care services to children under the age of 18, including social services, health and mental health care, child- (day) care, education (whether or not directly involved in teaching), and rehabilitative programs covered under the Crime Control Act of 1990 (42 U.S.C. 13041).(4) Contracting officers supporting the Indian Health Service shall insert the clause at 352.237-73, Indian Child Protection and Family Violence Act in all solicitations, contracts, and orders when performance of the contract may involve regular contact with or control over Indian children. The required declaration shall also be included in Section J of the solicitation and contract.
(e) The contracting officer shall insert the clause at 352.237-74, Non-Discrimination in Service Delivery, in solicitations, contracts, and orders to deliver services under HHS' programs directly to the public.(f) The contracting officer shall insert the clause at 352.237-75, Key Personnel, in solicitations and contracts when the contracting officer will require the contractor to designate contractor key personnel.
[Subpart 337.5—Child Care Services
337.502-170 Policy—Special contract requirements.
337.502-170-1 Prohibition on smoking in facilities during delivery of services to children.
For contracts that provide services to children, contractors must ensure that their employees, subcontractors, and other individuals performing services under the contract do not smoke in facilities where certain federally funded children's services are provided. Federal law (20 U.S.C. 7973) prohibits smoking in any indoor facility, or portion of a facility. Failure to comply with this requirement may result in a civil monetary penalty of up to $1,000 for each violation or an administrative compliance order issued in accordance with agency procedures.
337.502-170-2 Reporting of child abuse by covered professionals.
(a) Definitions. As used in this subpart—
Child abuse means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.
Covered professionals means individuals working in professions or activities identified in the Crime Control Act of 1990 (34 U.S.C. 20341), including, but not limited to, teachers, social workers, physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, alcohol or drug treatment personnel, psychologists, psychiatrists, mental health professionals, child care workers and administrators, and commercial film and photo processors.
(b) Responsibility to report suspected child abuse. The Crime Control Act of 1990 (34 U.S.C. 20341) requires covered professionals who work on Federal land or in a Federally-operated or contracted facility to report suspected child abuse when the individual has reason to believe a child has suffered an incident of child abuse.
(c) Reporting requirements. Individuals performing covered professional activities under an HHS contract or subcontract must immediately report suspected child abuse, regardless of the purpose of the contract or subcontract. When an individual suspects that a child has been harmed, the individual must contact the appropriate State child abuse hotline, local child protective services agency, or law enforcement agency. Contractors may contact the Childhelp USA National Child Abuse Hotline at 1-800-4-A-CHILD for information about reporting child abuse. A covered professional who knowingly fails to make a timely report may be subject to penalties under the Crime Control Act of 1990. Contractors must train such individuals on reporting requirements and the identification of abused and neglected children at least annually.
337.502-3 Requirement for background checks—child care services.
The Crime Control Act of 1990 (34 U.S.C. 20351) requires criminal history background checks for all individuals who provide child care services to children under age 18. The Government may deny employment or require removal of an individual who provides child care services if the individual has been convicted of a sex crime, an offense involving a child victim, or a drug felony.
337.502-4 Indian Child Protection and Family Violence Act-background investigations.
(a) Background investigation requirement. The Indian Child Protection and Family Violence Act, Pub. L. 101-630 (25 U.S.C. 3201, et seq.) prohibits contractors from assigning individuals to work in positions involving regular contact with or control over Indian children if those individuals have been convicted of, or entered a plea of nolo contendere or guilty to crimes of violence and other offenses (see 25 U.S.C. 3207(b) for entire list). When contract performance involves regular contact with or control over Indian children, the contractor, its employees, subcontractors, and other individuals performing services under the contract must complete a character and background investigation. The Indian Health Service, Office of Human Resources, conducts the required investigation.
(b) Restrictions before completion of investigation. Until the contractor, employees, and subcontractors receive notice that the investigation is complete, they must not have unsupervised contact with Indian children. To begin the investigation, the contractor and applicable employees and subcontractors must provide information required by the contract or requested by the contracting officer.
337.570 Contract clauses.
(a) Insert the clause at 352.237-70, Nonsmoking Policy – Delivery of Services to Children, in solicitations and contracts that require routine or regular delivery of health or daycare services to children under age 18 (see 337.502-170-1).
(b) Insert the clause at 352.237-71, Reporting of Child Abuse, in solicitations and contracts that require performance on Federal land or in a federally operated or contracted facility and require covered professionals to perform by a covered activity under an HHS contract or subcontract, regardless of the purpose of the contract or subcontract (see 337.502-170-2).
(c) Insert the clause at 352.237-72, Requirement for Background Checks, in solicitations and contracts that require child care services for children under age 18, including social services, health and mental health care, child care, education (whether or not the individual provides direct instruction), and rehabilitative programs covered under the Crime Control Act of 1990 (34 U.S.C. 20351) (see 337.502-170-3).
(d) Insert the clause at 352.237-73, Indian Child Protection and Family Violence Act—Background Investigations, in all solicitations and contracts when performance may involve regular contact with or control over Indian children. Include the required declaration in section J of the solicitation and contract. Contracting officers supporting the Indian Health Service must include this clause, whether the contract is issued by IHS or through or an interagency agreement (see 337.502-170-4).]
[Subpart 337.8—Other Service Considerations
337.802-70 Key personnel.
Contracting officers may require offerors to identify proposed key personnel when the contracting officer determines that certain qualifications, experience, availability, commitment, or continuity of specified individuals or positions is material to successful contract performance or to the source-selection decision. During contract performance contractors must request key personnel substitution requests in writing before diverting or replacing personnel deemed as key personnel.
337.802-570 Contract clause.
Insert the clause at 352.237-75, Key Personnel, in solicitations and contracts when key personnel must be identified and when the contract award decision is based in part on the expertise of the named personnel.]
HHSAR PART 352 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES [(RFO DEVIATION)]
Subpart 352.2 – Texts of Provisions and Clauses
352.237-70 [Nonsmoking Policy – Delivery of Services to Children] Pro-Children Act.
352.237-71 Crime Control Act of 1990—Reporting of Child Abuse.
352.237-72 Crime Control Act of 1990—Requirement for Background Checks.
352.237-73 Indian Child Protection and Family Violence Act[—Background Investigations].
352.237-74 [[Reserved]]Non-Discrimination in Service Delivery.
352.237-75 Key Personnel.
Subpart 352.2 – Texts of Provisions and Clauses
352.237-70 Pro-Children Act.
As prescribed in HHSAR 337.103(d)(1), the Contracting Officer shall insert the following clause:
PRO-CHILDREN ACT (DEC 2015)
(a) Public Law 103-227, Title X, Part C, also known as the Pro-Children Act of 1994 (Act), 20 U.S.C. 7183, imposes restrictions on smoking in facilities where certain federally funded children's services are provided. The Act prohibits smoking within any indoor facility (or portion thereof), whether owned, leased, or contracted for, that is used for the routine or regular provision of: (i) Kindergarten, elementary, or secondary education or library services or (ii) health or day care services that are provided to children under the age of 18. The statutory prohibition also applies to indoor facilities that are constructed, operated, or maintained with Federal funds.
(b) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all subcontracts awarded under this contract for the specified children's services. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. Each day a violation continues constitutes a separate violation.
[352.237-70 Nonsmoking Policy – Delivery of Services to Children.
As prescribed in 337.570(a), insert the following clause:
NONSMOKING POLICY – DELIVERY OF SERVICES TO CHILDREN (OCT 2026) (RFO DEVIATION)
(a) Prohibition. Smoking is prohibited in facilities where certain federally funded children's services are provided pursuant to the Pro-Children Act of 2001 (20 U.S.C. 7971-7974)). Accordingly, smoking is prohibited within any indoor facility (or portion thereof), whether owned, leased, or contracted for, or involving indoor facilities that are constructed, operated, or maintained with Federal funds, that is used for the routine or regular provision of—
(1) Kindergarten, elementary, or secondary education, or library services; or
(2) Health or day care services that are provided to children under the age of 18.
(b) Agreement. The offeror represents and understands that by submission of its bid or offer and if awarded a contract for this requirement, the Contractor agrees to comply with the requirements of the Act and the prohibition of smoking in facilities as specified in paragraph (a) of this clause. The Contractor must enforce the provisions of this clause and ensure that each of its employees, subcontractors and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.
(c) Penalties. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible party. Each day a violation continues constitutes a separate violation. In the case of any civil penalty assessed, the total amount must not exceed 50 percent of the amount of Federal funds received by the Contractor for the fiscal year in which the continuing violation occurred. Penalties will be imposed only after appropriate written notice, or an administrative compliance order may be issued by the designated HHS official only after an opportunity for a hearing in accordance with 5 U.S.C. 554. Before making such assessment or issuing such order, or both, the Secretary of HHS or designee will give written notice of the assessment or order to the Contractor by certified mail with return receipt and provide information in the notice of an opportunity to request in writing, not later than 30 days after the date of receipt of such notice, such hearing. Notwithstanding any specific civil penalties and compliance orders referenced herein, the Contracting Officer may take other remedies under the contract for failure to comply with the terms and conditions of the contract.
(d) Subcontracts. The Contractor must include the substance of this clause, including this paragraph (d), in subcontracts at any tier. The Contractor is responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (c) of this clause.
(End of clause)]
352.237-71 Crime Control Act—Reporting of Child Abuse.
As prescribed in HHSAR 337.[570(b)]103(d)(2), the Contracting Officer shall insert the following clause:
CRIME CONTROL ACT OF 1990—REPORTING OF CHILD ABUSE (DEC 2015[OCT 2026]) [(RFO DEVIATION)]
(a) Public Law 101-647, also known as the Crime Control Act of 1990 (Act), imposes responsibilities on certain individuals who, while engaged in a professional capacity or activity, as defined in the Act, on Federal land or in a federally-operated (or contracted) facility, learn of facts that give the individual reason to suspect that a child has suffered an incident of child abuse.
(b) The Act designates “covered professionals” as those persons engaged in professions and activities in eight different categories including, but not limited to, teachers, social workers, physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, alcohol or drug treatment personnel, psychologists, psychiatrists, mental health professionals, child care workers and administrators, and commercial film and photo processors. The Act defines the term “child abuse” as the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.
(c) Accordingly, any person engaged in a covered profession or activity under an HHS contract or subcontract, regardless of the purpose of the contract or subcontract, shall immediately report a suspected child abuse incident in accordance with the provisions of the Act. If a child is suspected of being harmed, the appropriate State Child Abuse Hotline, local child protective services (CPS), or law enforcement agency shall be contacted. For more information about where and how to file a report, the Childhelp USA, National Child Abuse Hotline (1-800-4-A-CHILD) shall be called. Any covered professional failing to make a timely report of such incident shall be guilty of a Class B misdemeanor.
(d) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.
[(a) Definitions. As used in this clause -
Child abuse means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.
Covered professionals means individuals working in professions or activities identified in the Crime Control Act of 1990 (34 U.S.C. 20341), including, but not limited to, teachers, social workers, physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, alcohol or drug treatment personnel, psychologists, psychiatrists, mental health professionals, child care workers and administrators, and commercial film and photo processors.
(b) Responsibility to report suspected child abuse. The Crime Control Act of 1990 (34 U.S.C. 20341) requires covered professionals who work on Federal land or in a Federally-operated or contracted facility to report suspected child abuse when the individual has reason to believe a child has suffered an incident of child abuse.
(c) Reporting requirements. Individuals performing covered professional activities under an HHS contract or subcontract must immediately report suspected child abuse, regardless of the purpose of the contract or subcontract. When an individual suspects that a child has been harmed, the individual must contact the appropriate State child abuse hotline, local child protective services agency, or law enforcement agency. Contractors may contact the Childhelp USA National Child Abuse Hotline at 1-800-4-A-CHILD for information about reporting child abuse. A covered professional who knowingly fails to make a timely report may be subject to penalties under the Crime Control Act of 1990. Contractors must train such individuals on reporting requirements and the identification of abused and neglected children at least annually.
(d) Agreement. The offeror represents and understands that by submission of its bid or offer and if awarded a contract for this requirement, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the Contractor must ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.
(e) Subcontracts. The Contractor must include the substance of this clause, including this paragraph (e), in subcontracts at any tier. The Contractor is responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.]
(End of clause)
352.237-72 Crime Control Act—Requirement for Background Checks.
As prescribed in HHSAR 337.[570(c)]103(d)(3), the Contracting Officer shall insert the following clause:
CRIME CONTROL ACT OF 1990—REQUIREMENT FOR BACKGROUND CHECKS (DEC 2015[OCT 2026]) [(RFO DEVIATION)]
(a) Public Law 101-647, also known as the Crime Control Act of 1990 (Act), requires that all individuals involved with the provision of child care services to children under the age of 18 undergo a criminal background check. “Child care services” include, but are not limited to, social services, health and mental health care, child (day) care, education (whether or not directly involved in teaching), and rehabilitative programs. Any conviction for a sex crime, an offense involving a child victim, or a drug felony, may be grounds for denying employment or for dismissal of an employee providing any of the services listed above.
(b) The Contracting Officer will provide the necessary information to the Contractor regarding the process for obtaining the background check. The Contractor may hire a staff person provisionally prior to the completion of a background check, if at all times prior to the receipt of the background check during which children are in the care of the newly-hired person, the person is within the sight and under the supervision of a previously investigated staff person.
(c) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.
[(a) Definition. As used in this clause—
Child care services means the definition set forth in FAR 37.501.
(b) Requirement for background checks. The Crime Control Act of 1990 (34 U.S.C. 20351) requires criminal history background checks for all individuals who provide child care services to children under age 18. The Government may deny employment or require removal of an individual who provides child care services if the individual has been conviction of a sex crime, an offense involving a child victim, or a drug felony.
(c) Background check protocols. The Contracting Officer will provide the necessary information to the Contractor regarding the process for obtaining the background check. The Contractor may hire a staff person provisionally prior to the completion of a background check, if at all times prior to the receipt of the background check during which children are in the care of the newly-hired person, the person is within the sight and under the supervision of a previously investigated staff person.
(d) Agreement. The offeror represents and understands that by submission of its bid or offer and if awarded a contract for this requirement, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the Contractor must ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.
(e) Subcontracts. The Contractor must include the substance of this clause, including this paragraph (e), in subcontracts at any tier. The Contractor is responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.]
(End of clause)
352.237-73 Indian Child Protection and Family Violence Act[—Background Investigations].
As prescribed in HHSAR 337.[570(d),]103(d)(4) the Contracting Officer shall insert the following clause:
INDIAN CHILD PROTECTION AND FAMILY VIOLENCE ACT—BACKGROUND INVESTIGATIONS (DEC 2015[OCT 2026]) [(RFO DEVIATION)]
(a) This contract is subject to the Indian Child Protection and Family Violence Act, Public Law 101-630 (25 U.S.C. 3201 et seq.) The duties and responsibilities required by this contract may involve regular contact with or control over Indian children. Public Law 101-630 prohibits employment, including Personal Service Contracts, with anyone who has been convicted of any crime of violence. Any such conviction should immediately be brought to the attention of the Contracting Officer. The contractor will be subject to a character investigation, conducted by the Indian Health Service, Office of Human Resources. Until such time as the contractor has been notified of completion of the investigation, the contractor shall have no unsupervised contact with Indian children. In order to initiate this background investigation, the contractor must provide information as required in this contract or as directed by the Contracting Officer.
(b) As a prerequisite to providing services under this contract, the Contractor is required to complete and sign the declaration found in Section J of this contract.
[(a) Requirement for background checks. This contract is subject to the Indian Child Protection and Family Violence Act, Pub. L. 101-630 (25 U.S.C. 3201, et seq.). The duties and responsibilities required by this contract may involve individuals working in positions involving regular contact with or control over Indian children. The Act prohibits contractors from assigning individuals to work in positions involving regular contact with or control over Indian children if those individuals have been convicted of, or entered a plea of nolo contendere or guilty to crimes of violence and other offenses (see 25 U.S.C. 3207(b) for entire list). Any such conviction should immediately be brought to the attention of the Contracting Officer. Performance under this contract requires a Contractor and its employees and subcontractors to be subject to a background investigation.
(b) Background check protocols. The Contractor and its employees and subcontractors, at any tier, will be subject to a character and background investigation, conducted by the Indian Health Service, Office of Human Resources. Until such time as the Contractor or its employees and subcontractors have been notified of completion of the investigation, the Contractor and its employees and subcontractors must have no unsupervised contact with Indian children. In order to initiate this background investigation, the Contractor and its employees and subcontractors must provide information as required in this contract or as directed by the Contracting Officer.
(c) Signed declaration prerequisite. As a prerequisite to providing services under this contract, the Contractor is required to complete and sign the declaration found in Section J of this contract.
(d) Subcontracts. The Contractor must include the substance of this clause, including this paragraph (d), in subcontracts at any tier. The Contractor must be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (c) of this clause.]
(End of clause)
352.237-74 Non-Discrimination in Service Delivery. [[Reserved]]
[(OCT 2026) (RFO DEVIATION)]
As prescribed in HHSAR 337.103(e), the Contracting Officer shall insert the following clause in solicitations and contracts:
NON-DISCRIMINATION IN SERVICE DELIVERY (DEC 2015)
It is the policy of the Department of Health and Human Services that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as race, color, national origin, religion, sex, gender identity, sexual orientation, or disability (physical or mental). By acceptance of this contract, the contractor agrees to comply with this policy in supporting the program and in performing the services called for under this contract. The contractor shall include this clause in all sub-contracts awarded under this contract for supporting or performing the specified program and services. Accordingly, the contractor shall ensure that each of its employees, and any sub-contractor staff, is made aware of, understands, and complies with this policy.
(End of clause)
352.237-75 Key Personnel.
As prescribed in HHSAR 337.103(f)[337.802-570], the Contracting Officer shall insert the following clause:
KEY PERSONNEL (DEC 2015[OCT 2026])[ (RFO DEVIATION)]
The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.
[Key personnel specified in this contract are essential to work performance under the contract. The Contractor must obtain the written consent of the Contracting Officer prior to diverting, replacing, or announcing any key personnel substitutions. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts, the Contractor must submit requests for changes in key personnel to the Contracting Officer in writing. The request must identify the circumstances, proposed replacement, a resume and explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract. When advance notice is not practicable because of termination for cause, other voluntary separation or another circumstance outside the Contractor’s reasonable control, the Contractor must notify the Contracting Officer as soon as practicable.]
(End of clause)