Effective Date: 10/01/2026 (See HHSAR CD 2026-21)
Subpart 337.5—Child Care Services
337.502-170 Policy—special contract requirements.
337.502-170-1 Prohibition on smoking in facilities during delivery of services to children.
337.502-170-2 Reporting of child abuse by covered professionals.
337.502-170-3 Requirement for background checks—child care services.
337.502-170-4 Indian Child Protection and Family Violence Act-background investigations.
337.570 Contract clauses.
Subpart 337.8—Other Service Considerations
337.802-70 Key personnel.
337.802-570 Contract clause.
Subpart 337.1 [Reserved]
Subpart 337.5—Child Care Services
337.502-170 Policy—Special contract requirements.
337.502-170-1 Prohibition on smoking in facilities during delivery of services to children.
For contracts that provide services to children, contractors must ensure that their employees, subcontractors, and other individuals performing services under the contract do not smoke in facilities where certain federally funded children's services are provided. Federal law (20 U.S.C. 7973) prohibits smoking in any indoor facility, or portion of a facility. Failure to comply with this requirement may result in a civil monetary penalty of up to $1,000 for each violation or an administrative compliance order issued in accordance with agency procedures.
337.502-170-2 Reporting of child abuse by covered professionals.
(a) Definitions. As used in this subpart—
Child abuse means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.
Covered professionals means individuals working in professions or activities identified in the Crime Control Act of 1990 (34 U.S.C. 20341), including, but not limited to, teachers, social workers, physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, alcohol or drug treatment personnel, psychologists, psychiatrists, mental health professionals, child care workers and administrators, and commercial film and photo processors.
(b) Responsibility to report suspected child abuse. The Crime Control Act of 1990 (34 U.S.C. 20341) requires covered professionals who work on Federal land or in a Federally-operated or contracted facility to report suspected child abuse when the individual has reason to believe a child has suffered an incident of child abuse.
(c) Reporting requirements. Individuals performing covered professional activities under an HHS contract or subcontract must immediately report suspected child abuse, regardless of the purpose of the contract or subcontract. When an individual suspects that a child has been harmed, the individual must contact the appropriate State child abuse hotline, local child protective services agency, or law enforcement agency. Contractors may contact the Childhelp USA National Child Abuse Hotline at 1-800-4-A-CHILD for information about reporting child abuse. A covered professional who knowingly fails to make a timely report may be subject to penalties under the Crime Control Act of 1990. Contractors must train such individuals on reporting requirements and the identification of abused and neglected children at least annually.
337.502-3 Requirement for background checks—child care services.
The Crime Control Act of 1990 (34 U.S.C. 20351) requires criminal history background checks for all individuals who provide child care services to children under age 18. The Government may deny employment or require removal of an individual who provides child care services if the individual has been convicted of a sex crime, an offense involving a child victim, or a drug felony.
337.502-4 Indian Child Protection and Family Violence Act-background investigations.
(a) Background investigation requirement. The Indian Child Protection and Family Violence Act, Pub. L. 101-630 (25 U.S.C. 3201, et seq.) prohibits contractors from assigning individuals to work in positions involving regular contact with or control over Indian children if those individuals have been convicted of, or entered a plea of nolo contendere or guilty to crimes of violence and other offenses (see 25 U.S.C. 3207(b) for entire list). When contract performance involves regular contact with or control over Indian children, the contractor, its employees, subcontractors, and other individuals performing services under the contract must complete a character and background investigation. The Indian Health Service, Office of Human Resources, conducts the required investigation.
(b) Restrictions before completion of investigation. Until the contractor, employees, and subcontractors receive notice that the investigation is complete, they must not have unsupervised contact with Indian children. To begin the investigation, the contractor and applicable employees and subcontractors must provide information required by the contract or requested by the contracting officer.
337.570 Contract clauses.
(a) Insert the clause at 352.237-70, Nonsmoking Policy – Delivery of Services to Children, in solicitations and contracts that require routine or regular delivery of health or daycare services to children under age 18 (see 337.502-170-1).
(b) Insert the clause at 352.237-71, Reporting of Child Abuse, in solicitations and contracts that require performance on Federal land or in a federally operated or contracted facility and require covered professionals to perform by a covered activity under an HHS contract or subcontract, regardless of the purpose of the contract or subcontract (see 337.502-170-2).
(c) Insert the clause at 352.237-72, Requirement for Background Checks, in solicitations and contracts that require child care services for children under age 18, including social services, health and mental health care, child care, education (whether or not the individual provides direct instruction), and rehabilitative programs covered under the Crime Control Act of 1990 (34 U.S.C. 20351) (see 337.502-170-3).
(d) Insert the clause at 352.237-73, Indian Child Protection and Family Violence Act—Background Investigations, in all solicitations and contracts when performance may involve regular contact with or control over Indian children. Include the required declaration in section J of the solicitation and contract. Contracting officers supporting the Indian Health Service must include this clause, whether the contract is issued by IHS or through or an interagency agreement (see 337.502-170-4).
Subpart 337.8—Other Service Considerations
337.802-70 Key personnel.
Contracting officers may require offerors to identify proposed key personnel when the contracting officer determines that certain qualifications, experience, availability, commitment, or continuity of specified individuals or positions is material to successful contract performance or to the source-selection decision. During contract performance, contractors must request key personnel substitution requests in writing before diverting or replacing personnel deemed as key personnel.
337.802-570 Contract clause.
Insert the clause at 352.237-75, Key Personnel, in solicitations and contracts when key personnel must be identified and when the contract award decision is based in part on the expertise of the named personnel.