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  6. HHSAR PART 311—DESCRIBING AGENCY NEEDS (RFO DEVIATION)
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HHSAR PART 311—DESCRIBING AGENCY NEEDS (RFO DEVIATION)


Effective Date: 11/21/2025 (see HHSAR CD 2026-01)

Subpart 311.70—Section 508 Accessibility Standards
311.7000              Defining information and communication technology (ICT) requirements.

Subpart 311.71—Public Accommodations and Commercial Facilities
311.7100              Policy.
311.7101              Responsibilities.
311.7102              Contract clause.

Subpart 311.72—Conference Sponsorship and Restrictions on Endorsements
311.7200              Policy.
311.7201              Sponsorship and restrictions on endorsements.
311.7202              Contract clause.

Subpart 311.73—Contractor Collection of Information
311.7300              Policy.
311.7301              Contract clause.

Subpart 311.74—Health Resources Priorities and Allocations System (HRPAS)
311.7400              Policy.


Subpart 311.70—Section 508 Accessibility Standards

311.7000 Defining  information and communication technology (ICT) requirements.

The contracting officer must ensure that requiring activities specify agency needs for information and communication technology (ICT) supplies and services, and document market research, document ICT requirements, and identify the applicable Section 508 accessibility standards. See FAR 11.102(f) and HHSAR part 339.

Subpart 311.71—Public Accommodations and Commercial Facilities

311.7100 Policy.

(a) It is HHS policy that all contractors comply with current and any future changes to 28 CFR part 36—Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. For the purpose of this policy, accessibility is defined as both physical access to public accommodations and commercial facilities, and access to aids and services enabling individuals with sensory disabilities to fully participate in events in public accommodations and commercial facilities.

(b) This policy applies to all contracts requiring contractors to conduct events in public accommodations and commercial facilities open to the public or involving HHS personnel, but not ad hoc meetings necessary or incidental to contract performance.

311.7101 Responsibilities.

The contractor must submit a plan assuring that any event held will meet or exceed the minimum accessibility standards set forth in 28 CFR part 36. A consolidated or master plan for contracts requiring numerous events in public accommodations and commercial facilities is acceptable.

311.7102 Contract clause.

The contracting officer must insert the clause at 352.211-1, Public Accommodations and Commercial Facilities, in solicitations, contracts, and orders requiring the contractor to conduct events in accordance with 311.7100(b).

Subpart 311.72—Conference Sponsorship and Restrictions on Endorsements

311.7200 Policy.

It is the policy of HHS that all conferences and meetings that HHS is statutorily authorized to hold are carried out in accordance with all applicable laws and regulations; furthering HHS’s missions, objectives, and policies; represent an efficient and effective use of taxpayer dollars appropriated for such purpose; and withstand public scrutiny.

311.7201 Sponsorship and restrictions on endorsements.

A conference conducted under an HHS contract does not automatically imply HHS sponsorship. The contractor must not reference the product(s) or service(s) awarded under HHS contracts in commercial advertising, as defined in FAR 31.205-1, in any manner which states or implies HHS approval or endorsement. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The contractor must request to the contracting officer approval to claim HHS sponsorship and to authorize use of HHS logos. 311.7202 Contract clause.

The contracting officer must include the clause at 352.211-2, Conference Sponsorship Request and Conference Materials Disclaimer, in solicitations, contracts, and orders providing funding which partially or fully supports a conference.

Subpart 311.73—Contractor Collection of Information

311.7300 Policy.

In accordance with the Paperwork Reduction Act (PRA), contractors must not proceed with collecting information from surveys, questionnaires, or interviews until the COR obtains an Office of Management and Budget clearance and the contracting officer issues written approval to proceed. For any contract involving a requirement to collect or record information calling either for answers to identical questions from 10 or more persons other than Federal employees, or information from Federal employees which is outside the scope of their employment, for use by the Federal Government or disclosure to third parties, the contracting officer must comply with the PRA of 1995 (44 U.S.C. 3501 et seq.).

311.7301 Contract clause.

The contracting officer must insert the clause at 352.211-3, Paperwork Reduction Act, in solicitations, contracts, and orders that require a contractor to collect the same information from 10 or more persons.

Subpart 311.74—Health Resources Priorities and Allocations System (HRPAS)

311.7400 Policy.

(a) HHS implementation of the Health Resources Priorities and Allocations System (HRPAS) is located at 45 CFR 101.  HRPAS approved programs are listed in Appendix 1 to Part 101".

(b) If a rated order is anticipated, the contracting office will clearly identify in the solicitation the rating of the order and contractors will be required to follow all HRPAS requirements as outlined at 45 CFR 101.

Content created by Assistant Secretary for Financial Resources (ASFR)
Content last reviewed December 3, 2025
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