Effective Date: 10/01/2026
HHSAR Text Baseline is 48 CFR Chapter 3 as of March 25, 2026.
Changes to baseline shown as [bolded, bracketed additions] and strikethrough deletions.
For HHSAR part 352, only the provisions and clauses associated with part 333 are shown.
HHSAR PART 333 – PROTESTS, DISPUTES, AND APPEALS [(RFO DEVIATION)]
Subpart 333.1 – Protests
333.102[3] General.
333.103[4] Protests to the agency.
[333.104-4 Other procedures.]
Subpart 333.2 – Disputes and Appeals333.203 Applicability.
[333.205 Postaward.
333.205-6 Contracting officer’s decision.
333.205-8 Alternative dispute resolution (ADR).]333.209 Suspected fraudulent claims.
333.215-70[205-70] [Special c]Contract clauses.
Subpart 333.1 – Protests
333.102[3] General.
(g)
(1[a]) The Office of General Counsel-General Law Division [(OGC-GLD)] [is the primary point of contact]serves as the liaison for protests lodged [filed] with the Government Accountability Office (GAO)[.]; is designated as the [This] office [is] responsible for [coordinating and processing GAO protests on behalf of all HHS Divisions]all protests within the Department of Health and Human Services; and serves as the notification point with GAO for all protests.
(2) The contracting officer will follow the direction of the Operating Division's protest control officer for responding to protests whether they are filed with GAO or directly with the contracting officer.
333.103[4] Protests to the agency.
(f)
(1) Protests to the contracting officer must be in writing. The contracting officer is authorized to make the determination, using the criteria in Federal Acquisition Regulation 33.104(b), to award a contract notwithstanding the protest after obtaining the concurrence of the contracting activity's protest control officer and consulting with the appropriate legal office.
[333.104-4 Other procedures.
(a) General.
(4)(i) Protests to the contracting officer must be submitted in writing, and in accordance with the instructions provided in the solicitation.
(5)(i) A protester may request an independent review by an official a level above the contracting officer, as an appeal of the contracting officer’s protest decision. The request must be submitted in accordance with the solicitation instructions and addressed to the official designated to conduct the independent review.
(ii)(A) An independent review under paragraph (a)(5)(i) of this section is not available if the protestor has a protest pending before the contracting officer that raises the same or substantially similar issues.
(B) After receiving a request for independent review, the contracting officer must provide the protester with a redacted copy of the source selection decision within a reasonable time, as required by FAR 33.104-4(a)(5)(ii)(B).
(C) The protester may submit a supplemental statement to the designated independent review official identified in the solicitation based on the documents provided by the contracting officer, subject to the timeline requirements at FAR 33.104-2 and 33.104-3. The protester must submit the supplemental statement by email to the independent review official and send a copy by email to the contracting officer on the same day.]
Subpart 333.2 – Disputes and Appeals
333.203 Applicability.
(c) The Civilian Board of Contract Appeals is the authorized “Board” to hear and determine disputes for the Department.
[333.205 Postaward.
333.205-6 Contracting officer’s decision.
(a)(4)(ii) For HHS contracts, the Board of Contract Appeals (BCA) referenced in FAR 33.205-6 is the Civilian Board of Contract Appeals (CBCA). Filing instructions are available on the CBCA website at https://www.cbca.gov.
333.205-8 Alternative dispute resolution (ADR).
(a) Guidance on ADR is available on the CBCA website at https://www.cbca.gov/.]
333.209 Suspected fraudulent claims.
The contracting officer shall submit any instance of a contractor's suspected fraudulent claim to the Office of Inspector General for investigation.
333.215-70[205-70] [Special c]Contract clauses.
(a) The contracting officer shall i[I]nsert the clause at 352.233-70, Choice of Law (Overseas), in solicitations and contracts when [contract] performance will be[occur] outside the United States, its [territories or] possessions, and Puerto Rico, except as otherwise provided in [unless] a government-to-government agreement [provides otherwise].
(b) The contracting officer shall i[I]nsert the clause at 352.233-71, Litigation and Claims, in solicitations and contracts [for]when a cost-reimbursement, time-and-materials, or labor-hour contract[s,] [except contracts for] is contemplated (other than a contract for a commercial [products or commercial services] item).
HHSAR PART 352 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES [(RFO DEVIATION)]
Subpart 352.2 – Texts of Provisions and Clauses
352.233-70 Choice of Law (Overseas).
352.233-71 Litigation and Claims.
Subpart 352.2 – Texts of Provisions and Clauses
352.233-70 Choice of Law (Overseas).
As prescribed in HHSAR 333.215-70[205-70](a), the Contracting Officer shall insert the following clause:
CHOICE OF LAW (OVERSEAS) (DEC 2015[OCT 2026]) [(RFO DEVIATION)]
This contract shall[must] be construed in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals or the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the D[d]isputes clause of this contract.
(End of clause)
352.233-71 Litigation and Claims.
As prescribed in HHSAR 333.215-70[205-70](b), the Contracting Officer shall insert the following clause:
LITIGATION AND CLAIMS (DEC 2015[OCT 2026]) [(RFO DEVIATION)]
(a) The Contractor shall[must] provide written notification immediately to the Contracting Officer of any action, including any proceeding before an administrative agency, filed against the Contractor arising out of the performance of this contract, including, but not limited to the performance of any subcontract hereunder; and any claim against the Contractor [where] the cost and expense of which is allowable under the clause entitled “Allowable Cost and Payment.”
(b) Except as otherwise directed by the Contracting Officer, the Contractor shall[must] furnish immediately to the Contracting Officer copies of all pertinent documents received by the Contractor with respect to such action or claim. To the extent not in conflict with any applicable policy of insurance, the Contractor may, with the Contracting Officer's approval, settle any such action or claim. If required by the Contracting Officer, the Contractor shall[must] effect an assignment and subrogation in favor of the Government of all the Contractor's rights and claims (except those against the Government) arising out of any such action or claim against the Contractor; and authorize representatives of the Government to settle or defend any such action or claim and to represent the Contractor in, or to take charge of, any action.
(c) If the Government undertakes a settlement or defense of an action or claim, the Contractor shall[must] furnish all reasonable assistance in effecting a settlement or asserting a defense. Where an action against the Contractor is not covered by a policy of insurance, the Contractor shall[must], with the approval of the Contracting Officer, proceed with the defense of the action in good faith. The Government shall[will] not be liable for the expense of defending any action or for any costs resulting from the loss thereof to the extent that the Contractor would have been compensated by insurance which was required by other terms or conditions of this contract, by law or regulation, or by written direction of the Contracting Officer, but which the Contractor failed to secure through its own fault or negligence. In any event, unless otherwise expressly provided in this contract, the Government shall[will] not reimburse or indemnify the Contractor for any liability loss, cost, or expense, which the Contractor may incur or be subject to by reason of any loss, injury or damage, to the person or to real or personal property of any third parties as may accrue during, or arise from, the performance of this contract.
(End of clause)