Effective Date: 12/01/2026
HHSAR Text Baseline is 48 CFR Chapter 3 as of August 3, 2026.
Changes to baseline shown as [bolded, bracketed additions] and strikethrough deletions.
For HHSAR part 352, only the provisions and clauses associated with part 339 are shown.
HHSAR PART 339 – ACQUISITION OF INFORMATION [AND COMMUNICATION] TECHNOLOGY [(RFO DEVIATION)]
Subpart 339.1 – General [Presolicitation]
339.101 Policy. [Management of risk.]
[339.170 HHS ICT accessibility requirements.
339.170-1 Policy.
339.170-2 Contract clause.]
Subpart 339.2 – Electronic and Information Technology [[Reserved]] 339.203 Applicability. 339.203-70 Contract clauses for electronic and information technology (EIT) acquisitions. 339.204 Exceptions. 339.204-1 Approval of exceptions. 339.205 Section 508 accessibility standards for contracts.
[Subpart 339.70 – Standards for Health Information Technology
339.7000 Scope of subpart.
339.7001 Definitions.
339.7002 Policy.
339.7003 Contract clause.]
Subpart 339.1 – General [Presolicitation]
339.101 Policy [Management of risk.]
[(a) Before soliciting for or entering into an information technology contract, requiring activities and contracting officers must ensure compliance with HHS and Division review and clearance requirements (e.g., Information Technology Acquisition Reviews, etc.) and ensure acquisitions include the appropriate contract requirements.]
In addition to the regulatory guidance in Federal Acquisition Regulation part 39, contracting officers shall collaborate with the requiring activity to ensure information technology (IT) acquisitions for supplies, services, and systems meet the requirements established by the Department of Health and Human Services (HHS).
[339.170 HHS ICT accessibility requirements.
339.170-1 Policy.
When acquiring information and communication technology (ICT) supplies and services, HHS will identify in the solicitation and contract the applicable ICT accessibility standards at 36 CFR 1194.1, including any exceptions or exemptions that may apply. The solicitation and contract will also describe how ICT accessibility conformance will be considered in the evaluation and what documentation the offeror must provide to assist the Government in determining conformance.
339.170-2 Contract clause.
Insert the clause at 352.239-71, Information and Communication Technology Accessibility, in all contracts and orders.]
Subpart 339.2 – Electronic and Information Technology [[Reserved]]
339.203 Applicability.
(a) Electronic and information technology (EIT) supplies and services must comply with Section 508 of the Rehabilitation Act (the Act) of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board (Access Board) Electronic and Information Accessibility Standards (36 CFR part 1194). Requiring activities must consult with their Section 508 Official or designee to determine if the contractor should be responsible for compliance with EIT accessibility standards which apply to Web site content and communications material.
(1) When conducting a procurement and employing the best value continuum, the solicitation shall include a separate technical evaluation factor developed by the contracting officer, requiring activity, and the Operating Division (OPDIV) Section 508 Official or designee.
(2) At a minimum, solicitations for supplies and services shall require the submission of a Section 508 Product Assessment Template (See http://www.hhs.gov/web/508 for the template). Solicitations for services shall include any other pertinent information that the contracting officer deems necessary to evaluate the offeror's ability to meet the applicable Section 508 accessibility standards.
(3) The HHS Operating Division or Staff Division (OPDIV or STAFFDIV) Section 508 Official or designee is responsible for providing technical assistance in development of Section 508 evaluation factors.
(4) Before conducting negotiations or making an award, the contracting officer shall provide a summary of the Source Selection Evaluation Team's (SSET) assessment of offeror responses to the solicitation's Section 508 evaluation factor. This summary shall be submitted for review by the Section 508 Official or designee. The Section 508 Official or designee shall indicate approval or disapproval of the SSET assessment. The contracting officer shall coordinate the resolution of any issues raised by the Section 508 Official or designee with the chair of the SSET or requiring activity representative, as appropriate. The acquisition process shall not proceed until the Section 508 Official or designee approves the SSET assessment. The contracting officer shall include the assessment in the official contract file. See 339.204-1 regarding processing exception determination requests.
(b) When acquiring commercial items, if no commercially available supplies or services meet all of the applicable Section 508 accessibility standards, OPDIVs or STAFFDIVs shall, under the direction and approval of the Section 508 Official or designee, acquire the supplies and services that best meet the applicable Section 508 accessibility standards. Process exception determinations for EIT supplies and services not meeting applicable Section 508 accessibility standards in accordance with 339.204-1.
339.203-70 Contract clauses for electronic and information technology (EIT) acquisitions.
(a) The contracting officer shall insert the provision at 352.239-73, Electronic and Information Technology Accessibility Notice, in all solicitations.
(b) The contracting officer shall insert the clause at 352.239-74, Electronic and Information Technology Accessibility, in all contracts and orders.
339.204 Exceptions.
339.204-1 Approval of exceptions.
(a) Procedures to document exception and determination requests are set by the OPDIV Section 508 Official.
(b) In the development of an acquisition plan (AP) or other acquisition request document, the contracting officer shall ensure that all Section 508 exception determination requests for applicable EIT requirements are:
(1) Documented and certified in accordance with the requirements of the HHS Section 508 policy;
(2) Signed by the requestor in the requiring activity;
(3) Certified and approved by the OPDIV Section 508 Official or designee; and
(4) Included in the AP or other acquisition request document provided by the requiring activity to the contracting office.
(c) For instances with an existing technical evaluation and no organization's proposed supplies or services meet all of the Section 508 accessibility standards; in order to proceed with the acquisition, the requiring activity shall provide an exception determination request along with the technical evaluation team's assessment of the Section 508 evaluation factor to the designated Section 508 Official or designee for review and approval or disapproval. The contracting officer shall include the Section 508 Official's or designee's approval or disapproval of the exception determination request in the official contract file and reference it, as appropriate, in all source selection documents. For further information, see HHS Section 508 Policy on http://www.hhs.gov/web/508.
339.205 Section 508 accessibility standards for contracts.
(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794(d)), as amended by the Workforce Investment Act of 1998 (Section 508), specifies the applicable accessibility standards for all new solicitations and new or existing contracts or orders, regardless of EIT dollar amount.
(b) The requiring activity shall consult with the OPDIV or STAFFDIV Section 508 Official or designee, as necessary, to determine the applicability of Section 508, identify applicable Section 508 accessibility standards, and resolve any related issues before forwarding a request to the contracting or procurement office for the acquisition of EIT supplies and services—including Web site content and communications material for which the contractor must meet EIT accessibility standards.
(c) Based on those discussions, the requiring activity shall provide a statement in the AP (or other acquisition request document) for Section 508 applicability. See 307.105. If Section 508 applies to an acquisition, include the provision at 352.239-73, Electronic and Information Technology and Accessibility Notice, language in a separate, clearly designated, section of the statement of work or performance work statement, along with any additional information applicable to the acquisition's Section 508 accessibility standards (e.g., the list of applicable accessibility standards of the Access Board EIT Accessibility Standards (36 CFR part 1194)). If an AP does not address Section 508 applicability and it appears an acquisition involves Section 508, or if the discussion of Section 508 applicability to the acquisition is inadequate or incomplete, the contracting officer shall request the requiring activity modify the AP accordingly.
(d) Items provided incidental to contract administration are not subject to this section.
(e) The OPDIV Section 508 Official or designee may, at his or her discretion, require review and approval of solicitations and contracts for EIT supplies and services.
[Subpart 339.70 – Standards for Health Information Technology
339.7000 Scope of subpart.
(a) This subpart implements and aligns requirements related to the procurement of health information technology (health IT) with standards and implementation specifications (standards) adopted by the HHS, Office of the National Coordinator for Health Information Technology (ONC) under section 3004 of the Public Health Service Act (PHSA), consistent with sections 13111 and 13112 of the HITECH Act (Pub. L. 111-5) to advance health IT alignment.
(b) This subpart provides policies and procedures for solicitations and contracts issued by or on behalf of HHS entities that—
(1) Support the direct exchange of individually identifiable health information between agencies and with non-Federal entities;
(2) Are with health care providers, health plans, or health insurance issuers, as these terms are defined in 42 U.S.C. 300jj and 300gg-91; or
(3) Support providers, health plans, or health insurance issuers to implement, acquire, or upgrade health IT.
339.7001 Definitions.
As used in this subpart—
Health information technology (health IT) means hardware, software, integrated technologies or related licenses, intellectual property, upgrades, or packaged solutions sold as services that are designed for or support the use by health care entities or patients for the electronic creation, maintenance, access, or exchange of health information. (42 U.S.C. 300jj(5))
Individually identifiable health information means any information, including demographic information collected from an individual, that—
(1) Is created or received by a health care provider, health plan, employer, or health care clearinghouse; and
(2) Relates to the past, present, or future physical or mental health condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and
(i) Identifies the individual; or
(ii) With respect to which there is a reasonable basis to believe the information can be used to identify the individual. (42 U.S.C. 300jj(8), 1320d(6))
ONC Health Information Technology Certification Program means the voluntary certification program administered by ONC using a third-party conformity assessment program for health IT. Certification criteria for the Program are found in 45 CFR part 170, subpart C, and incorporate standards and implementation specifications in 45 CFR part 170 subpart B.
339.7002 Policy.
(a) Contracting officers must not award a contract unless the offeror/quoter/contractor agrees, by submission of an offer (or a quote) and execution of the contract, that—
(1) For any work performed under the contract that includes implementing, acquiring, or upgrading health IT the offeror/quoter/contractor must utilize health IT that—
(i) Meets standards and implementation specifications adopted in 45 CFR part 170, subpart B, if such standards and implementation specifications can support work performed under the contract; or
(ii) Is certified under the ONC Health Information Technology Certification Program, if certified technology can support work performed under the contract (see certification criteria in 45 CFR part 170, subpart C), and the health IT is used by an eligible professional in an ambulatory setting, or a hospital, eligible for incentives to adopt health IT under sections 4101, 4102, and 4201 of the HITECH Act.
(b) If standards and implementation specifications adopted in 45 CFR part 170, subpart B, cannot support the work as specified in the contract, the offeror/quoter/contractor is encouraged to use health IT that meets non-proprietary standards and implementation specifications developed by consensus-based standards development organizations. This may include standards identified in the ONC Interoperability Standards Advisory, available at https://www.healthit.gov/isa/.
339.7003 Contract clause.
Insert the clause at 352.239-70, Standards for Health Information Technology, in solicitations and contracts issued by or on behalf of HHS entities that—
(a) Support the direct exchange of individually identifiable health information between agencies and with non-Federal entities;
(b) Are with health care providers, health plans, or health insurance issuers, as these terms are defined in 42 U.S.C. 300jj and 300gg-91; or
(c) Support health care providers, health plans, or health insurance issuers to implement, acquire, or upgrade health IT.]
HHSAR PART 352 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES [(RFO DEVIATION)]
Subpart 352.2 – Texts of Provisions and Clauses
[352.239-70 Standards for Health Information Technology.
352.239-71 Information and Communication Technology Accessibility.]
352.239-73 Electronic Information and Technology Accessibility Notice.[[Reserved]]
352.239-74 Electronic and Information Technology Accessibility.[[Reserved]]
Subpart 352.2 – Texts of Provisions and Clauses
[352.239-70 Standards for Health Information Technology.
As prescribed in 339.7003, insert the following clause:
STANDARDS FOR HEALTH INFORMATION TECHNOLOGY (DEC 2026) (RFO DEVIATION)
(a) Definitions. As used in this clause—
Health information technology (health IT) means hardware, software, integrated technologies or related licenses, intellectual property, upgrades, or packaged solutions sold as services that are designed for or support the use by health care entities or patients for the electronic creation, maintenance, access, or exchange of health information. (42 U.S.C. 300jj(5))
Individually identifiable health information means any information, including demographic information collected from an individual, that—
(1) Is created or received by a health care provider, health plan, employer, or health care clearinghouse; and
(2) Relates to the past, present, or future physical or mental health condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and
(i) Identifies the individual; or
(ii) With respect to which there is a reasonable basis to believe the information can be used to identify the individual. (42 U.S.C. 300jj(8), 1320d(6))
ONC Health Information Technology Certification Program means the voluntary certification program administered by the HHS, Office of the National Coordinator for Health Information Technology (ONC) using a third-party conformity assessment program for health IT. Certification criteria for the Program are found in 45 CFR part 170, subpart C, and incorporate standards and implementation specifications in 45 CFR part 170, subpart B.
(b) By submission of an offer (or a quote) and execution of a contract, the offeror/quoter/Contractor agrees that for any work performed under the contract that includes implementing, acquiring, or upgrading health IT the offeror/quoter/Contractor must utilize health IT that—
(1) Meets standards and implementation specifications adopted in 45 CFR part 170, subpart B, if such standards and implementation specifications can support the work performed under the contract; or
(2) Is certified under the ONC Health Information Technology Certification Program, if certified technology can support the work performed under the contract (see certification criteria in 45 CFR part 170, subpart C), and the health IT is used by an eligible professional in an ambulatory setting, or a hospital, eligible for incentives to adopt health IT under sections 4101, 4102 and 4201 of the HITECH Act.
(c) If standards and implementation specifications adopted in 45 CFR part 170, subpart B, cannot support the work as specified in the contract, the Contractor is encouraged to use health IT that meets non-proprietary standards and implementation specifications developed by consensus-based standards development organizations. This may include standards identified in the ONC Interoperability Standards Advisory, available at https://www.healthit.gov/isa/.
(d) Subcontracts. The Contractor must include the substance of this clause, including this paragraph (d), in all subcontracts, at any tier, that includes implementing, acquiring, or upgrading health IT, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
352.239-71 Information and Communication Technology Accessibility.
As prescribed in 339.170-2, insert the following clause:
INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY (DEC 2026) (RFO DEVIATION)
(a) General accessibility requirements. Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, information and communication technology (ICT) supplies, products, platforms, information, documentation, and services support offered or provided under this solicitation, contract, or order must comply with the applicable Revised 508 Standards, which are located at 36 C.F.R. 1194.1 and Appendices A, B, and C, and are available at https://www.access-board.gov/ict/. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.
(b) Applicable ICT accessibility standards. The Section 508 accessibility standards applicable to this solicitation, contract, or order are identified in the solicitation, contract, or order. If this is an indefinite-delivery contract, a Blanket Purchase Agreement, or a Basic Ordering Agreement, task or delivery orders that include ICT supplies, products, platforms, information, documentation, or services support will identify the specifications and accessibility standards applicable to the order.
(c) Pre-award requirements. The Offeror must—
(1) Ensure that the ICT supplies, products, platforms, information, documentation, and services support proposed in response to this solicitation conform to the applicable Section 508 accessibility standards identified in the contract or order.
(2) Must submit the HHS Section 508 Accessibility Conformance Checklist or Accessibility Conformance Report (ACR), as specified in the solicitation, and any additional information required by the solicitation to demonstrate conformance with the applicable accessibility standards.
(3) Must identify any known inability of the proposed ICT to conform to an applicable accessibility standard identified in the contract.
(d) Post-award requirements. The Contractor must—
(1) Ensure that the ICT supplies, products, platforms, information, documentation, and services support proposed in response to this solicitation conform to the applicable Section 508 accessibility standards identified in the contract or order.
(2) If a modification to this contract or order adds new ICT supplies or services or revises the type of, or specifications for, ICT supplies, products, platforms, information, documentation, or services support, the Contractor must provide an updated HHS Section 508 Accessibility Conformance Checklist or ACR, as applicable, and any additional information necessary to assist the Government in determining conformance with the applicable Section 508 accessibility standards..
(3) If this is an indefinite-delivery contract, a Blanket Purchase Agreement, or a Basic Ordering Agreement, the Contractor must provide a completed HHS Section 508 Accessibility Conformance Checklist or ACR, as applicable, and any additional information necessary to assist the Government in determining conformance with the accessibility standards applicable to a task or delivery order that includes ICT supplies, products, platforms, information, documentation, or services support.
(e) Notice of nonconformance; exceptions or exemptions. The Contractor must—
(1) Promptly notify the Contracting Officer in writing upon identifying that ICT provided or to be provided under the contract or order does not conform to an applicable accessibility standard identified in the contract or order; and
(2) Identify to the Contracting Officer any perceived exception or exemption to Section 508 requirements.
(f) Remediation. If the Government determines that ICT supplies, products, platforms, information, documentation, or services support provided by the Contractor do not conform to the accessibility standards specified in the contract or order, remediation to the level of conformance specified in the contract or order will be the responsibility of the Contractor at its own expense.
(End of clause)]
352.239-73 Electronic Information and Technology Accessibility Notice. [[Reserved]]
(a) As prescribed in HHSAR 339.203-70(a), the Contracting Officer shall insert the following provision:
Electronic and Information Technology Accessibility Notice (DEC 2015) [(DEC 2026) (RFO DEVIATION)]
(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.
(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and….
(c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility.
In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS Web site http://www.hhs.gov/web/508.
In order to facilitate the Government's determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.
(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.
(End of provision)
352.239-74 Electronic and Information Technology Accessibility. [[Reserved]]
As prescribed in HHSAR 339.203-70(b), insert the following clause:
Electronic and Information Technology Accessibility (DEC 2015) [(DEC 2026) (RFO DEVIATION)]
(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR part 1194. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and….
(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.
(c) The Section 508 accessibility standards applicable to this contract are:
(Contract staff must list applicable standards)
(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found under Section 508 policy on the HHS Web site: (http://www.hhs.gov/web/508). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.
(e) If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found at http://www.hhs.gov/web/508. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.
(End of clause)