Content created by Assistant Secretary for Financial Resources (ASFR)
Effective Date: 02/07/2026 (see HHSAR CD 2026-02)
Subpart 331.1—Applicability
331.170 Salary rate limitation.
Subpart 331.1—Applicability
331.170 Salary rate limitation.
(a) Public Law 112-74, Consolidated Appropriations Act, 2012, and Pub. L. 112-55, Consolidated and Further Continuing Appropriations Act, 2012, stipulates in the Department of Health and Human Services appropriations acts and continuing resolutions that, appropriated funds cannot be used to pay the direct salary of an individual above the stipulated rates. The applicable rates for each year are identified at www.opm.gov.
(b) Appropriated funds shall not be used to pay the direct salary of an individual above the rates of basic pay for the Executive Schedule (EX), Level II on Department of Health and Human Services contracts pursuant to Pub. L. 118-47, Further Consolidated Appropriations Act, 2024. The annual applicable rates are identified in the salary table on the Office of Personnel Management website at www.opm.gov.
(c) The contracting officer must insert the clause at 352.231-70, Salary Rate Limitation, in solicitations and contracts when using a cost-reimbursement; fixed-price level-of-effort; time-and-materials or labor-hour contract.