Effective Date: 10/01/2026
HHSAR Text Baseline is 48 CFR Chapter 3 as of January 28, 2026.
Changes to baseline shown as [bolded, bracketed additions] and strikethrough deletions.
For HHSAR part 352, only the provisions and clauses associated with part 319 are shown.
HHSAR PART 319 – SMALL BUSINESS PROGRAMS [(RFO DEVIATION)]
[Subpart 319.1 – Presolicitation
319.102 Coordination.
319.108 HHS Contracting With the Small Business Administration (the 8(a) Program).
319.108-1 General.
319.108-70 Contract clause – HHS and SBA Partnership Agreement.]
Subpart 319.2 – Policies [[Reserved]]319.201 General policy.319.270-1 Mentor Protégé Program Solicitation provision and contract clause.
[Subpart 319.1 – Presolicitation
319.102 Coordination.
(a) The Director, Office of Small and Disadvantaged Business Utilization (see https://www.hhs.gov/about/agencies/asfr/acquisition/osdbu/index.html), is responsible for the implementation and execution of programs to assist all categories of small businesses as required by the Small Business Act.
319.108 HHS Contracting With the Small Business Administration (the 8(a) Program).
319.108-1 General.
(d) HHS and the Small Business Administration (SBA) have a Partnership Agreement delegating the SBA’s contract execution and administrative functions to HHS. Contracting officers must follow the alternate procedures in the Partnership Agreement and this section, as applicable, to award an 8(a) contract. In the event the Partnership Agreement ceases to be in effect, contracting officers must follow the policies and procedures in FAR part 19.
319.108-70 Contract clause – HHS and SBA Partnership Agreement.
(a) Insert the clause at 352.219-72, HHS Section 8(a) Award, in lieu of the clause at 52.219-17, Section 8(a) Award, in competitive solicitations and contracts when the acquisition is accomplished using the procedures of 19.208-1 and in sole source awards which utilize the alternative procedure in 19.208-7(a)(3).
(b) When the clause at 52.219-18, Notification of Competition Limited to Eligible 8(a) Participants, as prescribed by FAR 19.108-10(d), is included in competitive solicitations and contracts, use the clause at 352.219-72 with its Alternate I.]
Subpart 319.2 – Policies [[Reserved]]
319.201 General policy.
(d) The functional management responsibilities for the Department of Health and Human Services' (HHS) small business program are delegated to the Office of Small and Disadvantaged Business Utilization (OSDBU) Director.
(e)
(1) The HHS OSDBU Director shall exercise full management authority over the small business program. The small business specialist (SBS) shall review and make recommendations for all acquisitions, unless exempted by statute, that are not being set aside for small business in accordance with Federal Acquisition Regulation (FAR) 19.502. The review must take place prior to issuing the solicitation.
(2) Within the Indian Health Service (IHS), the primary SBSs are responsible for IHS' overall implementation of the HHS small business program; however, each IHS contracting office will assign a small business technical advisor (SBTA) to perform those functions and responsibilities necessary to implement the small business program. The primary IHS SBS shall assist and provide guidance to respective SBTAs.
319.270-1 Mentor Protégé Program Solicitation provision and contract clause.
(a) The contacting officer shall insert the provision at 352.219-70, Mentor-Protégé Program, in solicitations that include the clause at FAR 52.219-9, Small Business Subcontracting Plan. The provision requires offerors to provide the contracting officer a copy of their HHS Office of OSDBU-approved mentor-protégé agreement in response to a solicitation.
(b) The contacting officer shall insert the clause at 352.219-71, Mentor-Protégé Program Reporting Requirements, in contracts that include the clause at FAR 52.219-9, Small Business Subcontracting Plan, and which are awarded to a contractor with an HHS OSDBU-approved mentor-protégé agreement.
HHSAR PART 352 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES [(RFO DEVIATION)]
Subpart 352.2 – Texts of Provisions and Clauses
352.219-70 Mentor-Protégé Program. [[Reserved]]
352.219-71 Mentor-Protégé Program Reporting Requirements. [[Reserved]]
[352.219-72 HHS Section 8(a) Award.]
Subpart 352.2 – Texts of Provisions and Clauses
352.219-70 Mentor-Protégé Program. [[Reserved]]
As prescribed in HHSAR 319.270-1(a), the Contracting Officer shall insert the following provision:
MENTOR-PROTÉGÉ PROGRAM (DEC 2015) [(OCT 2026) (RFO DEVIATION)]
(a) Large business prime contractors serving as mentors in the HHS Mentor-Protégé Program are eligible for HHS subcontracting plan credit, and shall submit a copy of their HHS Office of Small and Disadvantaged Business Utilization (OSDBU)-approved mentor-protégé agreements as part of their offers. The amount of credit provided by the Contracting Officer to a mentor firm for protégé firm developmental assistance costs shall be calculated on a dollar for dollar basis and reported by the mentor firm in the Summary Subcontract Report via the Electronic Subcontracting Reporting System (eSRS) at www.esrs.gov. The mentor firm and protégé firm shall submit to the Contracting Officer a signed joint statement agreeing on the dollar value of the developmental assistance the mentor firm provided. (For example, a mentor firm would report a $10,000 subcontract awarded to a protégé firm and provision of $5,000 of developmental assistance as $15,000 of subcontracting plan credit.) The mentor firm may use this additional credit towards attaining its subcontracting plan participation goal under this contract.
(b) The program consists of—
(1) Mentor firms—large businesses that:
(i) Demonstrate the interest, commitment, and capability to provide developmental assistance to small business protégé firms; and
(ii) Have a Mentor-Protégé agreement approved by HHS' OSDBU;
(2) Protégé firms—firms that:
(i) Seek developmental assistance;
(ii) Qualify as small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, HUBZone small businesses, small disadvantaged businesses, or woman-owned small businesses; and
(iii) Have a Mentor-Protégé agreement approved by HHS' OSDBU; and
(3) Mentor-Protégé agreements—joint agreements, approved by HHS' OSDBU, which detail the specific terms, conditions, and responsibilities of the mentor-protégé relationship.
(End of provision)
352.219-71 Mentor-Protégé Program Reporting Requirements. [[Reserved]]
As prescribed in HHSAR 319.270-1(b), the Contracting Officer shall insert the following clause:
MENTOR-PROTÉGÉ PROGRAM REPORTING REQUIREMENTS (JANUARY 2010) [(OCT 2026) (RFO DEVIATION)]
The Contractor shall comply with all reporting requirements specified in its Mentor-Protégé agreement approved by HHS' OSDBU.
(End of clause)
[352.219-72 HHS Section 8(a) Award.
As prescribed in 319.108-70(a), insert the following clause:
HHS SECTION 8(A) AWARD (OCT 2026) (RFO DEVIATION)
(a) Pursuant to the Partnership Agreement between the Small Business Administration (SBA) and the Department of Health and Human Services, the SBA has delegated HHS the authority to enter directly into contracts with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
(1) Any award resulting from this solicitation will be made directly by the Contracting Officer to the 8(a) Offeror instead of to the SBA. Although the SBA is not identified as such in the award form, the SBA is still the Prime Contractor and the 8(a) participant remains the SBA’s subcontractor in accordance with the HHS and SBA Partnership Agreement.
(2) For the purposes of this contract and contract performance, the 8(a) participant is the Offeror/Contractor.
(b) The contracting activity—
(1) Is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract.
(2) Will give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract.
(3) Will obtain the SBA's approval prior to processing any novation agreement(s).
(4) May assign contract administration functions to a contract administration office.
(c) The Contractor agrees—
(1) To fulfill and perform all of the requirements of the contract.
(2) To notify the Contracting Officer, simultaneous with its notification to the SBA, when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern.
(3) Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control must result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.
(4) It will adhere to the requirements of FAR 52.219-14, Limitations on Subcontracting, and other requirements in 13 CFR part 124 and 13 CFR 125.6, as applicable.
(End of clause)
Alternate I (OCT 2026) (RFO DEVIATION). As prescribed in 319.108-70(b), substitute the following paragraph (a)(1) for paragraph (a)(1) of the basic clause:
(a)(1) Notwithstanding paragraph (c) of FAR 52.219-18, any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) Offeror instead of to the SBA. Although the SBA is not identified as such in the award form, the SBA is still the Prime Contractor and the 8(a) participant remains the SBA’s subcontractor in accordance with the HHS and SBA Partnership Agreement.]