HHSAR PART 301— HHS ACQUISITION REGULATION SYSTEM (RFO DEVIATION)

Subpart 301.1—Framework

301.101                 Framework.

301.103                 Authority.

301.104                 Publication and code arrangement.

301.105                 OMB approval under the Paperwork Reduction Act.

Subpart 301.2—Agency Acquisition Regulations

301.201                 Policy.

Subpart 301.3—Deviations from the FAR

301.302                 Policy.

Subpart 301.4—Career Development, Contracting Authority, and Responsibilities

301.403                 Selecting, appointing, and terminating the appointment for contracting officers.

301.403-1             General.

301.405                 Ratification of unauthorized commitments.

Subpart 301.5—Determinations and Findings

301.506                 Signatory authority.

HHSAR PART 301— HHS ACQUISITION REGULATION SYSTEM (RFO DEVIATION)

Subpart 301.1—Framework

301.101 Framework.

• (a)
  • (2) The Department of Health and Human Services (HHS) Acquisition Regulation (HHSAR) establishes uniform HHS acquisition policies and procedures that implement and supplement the Federal Acquisition Regulation (FAR). The HHSAR is issued in the Code of Federal Regulations (CFR) and is located at 48 CFR chapter 3.

301.103 Authority.

• (b) The Senior Procurement Executive (SPE), as delegated by the Secretary of HHS and the Assistant Secretary for Financial Resources (ASFR) as Chief Acquisition Officer (CAO), prescribes the HHSAR under the authority of 41 U.S.C. 1707, 5 U.S.C. 301, section 205(c) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 121(c)(2)), FAR subpart 1.2, and other authorities as cited.

301.104 Publication and code arrangement.

• (a) The HHSAR is available on the internet at https://www.ecfr.gov/current/title-48/chapter-3 or https://acquisition.gov.
• (b) The HHSAR parallels the FAR in format, arrangement, and numbering. Each numbered unit or segment (e.g., part, subpart, section, etc.) of the HHSAR begins with the prefix “3” followed by the FAR unit or segment number that it is implementing. Supplementary material for which there is no FAR counterpart will be numbered using the numbers “70” or higher, sequentially.

• (c) Within the HHSAR, references to FAR coverage will include “FAR” in the citation (e.g., FAR part 9, FAR 9.106). Internal HHSAR cross references will not include “HHSAR” in the citation (e.g., part 309, 309.106).

301.105 OMB approval under the Paperwork Reduction Act.

The list of information collections and record keeping requirements contained in the HHSAR have been approved by the OMB. The list can be found at https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/index.htm.

Subpart 301.2—Agency Acquisition Regulations

301.201 Policy.

• (c) Internal HHS acquisition policy, procedures, and guidance that implements or supplements the FAR and the HHSAR is contained in the HHS Acquisition Manual (HHSAM) and other agency acquisition policy and guidance issuances, which may include acquisition alerts and other acquisition policy memoranda.

Subpart 301.3—Deviations from the FAR

301.302 Policy.

• (a) Any deviation to the FAR or the HHSAR requires approval by the Senior Procurement Executive (SPE).

Subpart 301.4—Career Development, Contracting Authority, and Responsibilities

301.403 Selecting, appointing, and terminating the appointment for contracting officers.

301.403-1 General.

• (a) The agency head has delegated broad acquisition authority to the Chief Acquisition Officer, who in turn has further delegated this acquisition authority to the SPE. The SPE has further delegated specific acquisition authority to the heads of Operating and Staff Divisions and their head of contracting activity (HCA). A list of HCAs is available at https://www.hhs.gov/grants/grants-business-contacts/hca-and-key-managers/index.html.
• (b) The HCA (non-delegable) shall select, appoint, and terminate the appointment of contracting officers.
• (c) To ensure proper control of redelegated acquisition authorities, HCAs shall maintain a file containing successive delegations of HCA authority through the contracting officer level.

301.405 Ratification of unauthorized commitments.

• (b) Policy.
  • (1) The Government is not bound by agreements with, or contractual commitments made to, prospective contractors by individuals who do not have delegated contracting authority. Unauthorized commitments do not follow the appropriate process for the expenditure of Government funds. Consequently, the Government may not be able to ratify certain actions, putting a contractor at risk for taking direction from a Federal official other than the contracting officer. See FAR 1.402-1. Government employees responsible for unauthorized commitments are subject to disciplinary action. Contractors perform at their own risk when accepting direction from unauthorized officials. Failure to follow statutory and regulatory processes for the expenditure of Government funds is a very serious matter.
  • (2)
    • (i) The HCA is the official authorized to ratify an unauthorized commitment. No other re-delegations are authorized.

Subpart 301.5—Determinations and Findings

301.506 Signatory authority.

Signatory authority for determinations and findings, when delegable in the FAR, are prescribed in applicable HHSAR parts or the corresponding HHSAM part.