TABLE OF CONTENTS
SUBPART 301.1 - PURPOSE, AUTHORITY, ISSUANCE
301.101 Purpose.
301.102 Authority.
301.103 Applicability.
301.104 Issuance.
301.104-1 Publication and Code arrangement.
301-104-2 Arrangement of regulations.
301.104-3 Copies.
301.105 OBM approval under the Paperwork Reduction Act.
SUBPART 301.2 - ADMINISTRATION
301.201 Maintenance of the HHSAR.
301.270 Executive Committee for Acquisition.
301.271 Timing of HHSAR revisions.
SUBPART 301.3 - AGENCY ACQUISITION REGULATIONS
301.301 Policy.
301.302 Limitations.
301.303 Publication and codification.
301.304 Agency control and compliance procedures.
SUBPART 301.4 - DEVIATIONS FROM THE FAR
301.403 Individual deviations.
301.404 Class deviations.
301.470 Procedure.
SUBPART 301.5 - AGENCY AND PUBLIC PARTICIPATION
301.501 Solicitation of agency and public views.
301.501-2 Opportunity for public comments.
301.501-3 Exceptions.
301.503 Public meetings.
SUBPART 301.6 - CONTRACTING AUTHORITY AND RESPONSIBILITIES
++NEW 301.602 Contracting officers.
301.602-3 Ratification of unauthorized commitments. NEW++
301.603 Selection, appointment, and termination of appointment
301.603-1 General.
301.603-2 Selection
301.603-3 Appointment.
301.603-4 Termination
301.603-70 Delegation of contracting officer responsibilities
301.670 Head of the contracting activity.
301.670-1 Responsibility.
301.670-2 Designation.
301.670-3 Redelegation.
SUBPART 301.7 -- DETERMINATIONS AND FINDINGS
301.703 Class determinations and findings.
301.704 Content.
%%
Subpart 301.1
301.101 PURPOSE.
(a) The Department of Health and Human Services Acquisition
Regulation (HHSAR) is issued to establish uniform acquisition policies
and procedures for the Department of Health and Human Services (HHS)
which conform to the Federal Acquisition Regulation (FAR) System.
(b) The HHSAR implements and supplements the FAR. (Implementing
material expands upon or indicates the manner of compliance with related
FAR material. Supplementing material is new material which has no
counterpart in the FAR.)
(c) The HHSAR contains all formal departmental policies and
procedures that govern the acquisition process or otherwise control
contracting relationships between the Department's contracting offices
and contractors.
301.102 AUTHORITY.
The HHSAR is prescribed by the Assistant Secretary for Management and
Budget under the authority of 5 U.S.C. 301 and Section 205(c) of the
Federal Property and Administrative Services Act of 1949, as amended (40
U.S.C. 486(c)), as delegated by the Secretary. The Assistant Secretary
for Management and Budget has redelegated the authority to establish all
departmental acquisition policy and publish all acquisition regulations
to the Deputy Assistant Secretary for ++NEW Management and Acquisition.
NEW++ This authority is not redelegable.
301.103 APPLICABILITY.
The FAR and HHSAR apply to all HHS acquisitions as stated in FAR
1.103. Unless specified otherwise, these regulations apply to
acquisitions within and outside the United States.
301.104 ISSUANCE.
301.104-1 PUBLICATION AND CODE ARRANGEMENT.
(a) The HHSAR is also published in the same forms as indicated in FAR
1.104-1(a).
(b) The HHSAR is issued in the Code of Federal Regulations (CFR) as
Chapter 3 of Title 48, Department of Health and Human Services
Acquisition Regulation. It may be referenced as ''48 CFR Chapter 3.''
301.104-2 ARRANGEMENT OF REGUALTIONS.
(a) General. The HHSAR conforms to the FAR with respect to divisional
arrangements; i.e., subchapters, parts, subparts, sections,
subsections, and paragraphs.
(b) Numbering. The FAR System of numbering permits the keying of the
same or similar subject matter throughout Chapters 1 (FAR) and 3
(HHSAR). However, unlike the FAR numbering scheme, our scheme varies
somewhat in the numbering to the left of the decimal point. Whereas the
FAR only identifies the part number to the left of the decimal point,
our corresponding reference identifies the chapter as well. For example,
this corresponding paragraph in the FAR is numbered 1.104-2(b) where
''1'' is the part number (may be one or two digits and is followed by a
decimal point), ''1'' (to the right of the decimal point) is the subpart
number, ''04'' (always two digits) is the section number, ''2'' is the
subsection number (always hyphenated), and ''(b)'' is the paragraph
reference. The corresponding HHSAR reference is 301.104-2(b) where the
''3'' or first digit is the chapter number assigned to the particular
department or agency (may be two digits) and the ''01'' represents the
part number (part numbers will always be two digits for agencies
implementing the FAR). The remaining numbers are identical to and
represent the same divisions as the FAR example.
(c) References and citations.
(1) Unless otherwise stated, references indicate parts subparts,
sections, subsections, etc. of this regulation, the HHSAR.
(2) This regulation shall be referred to as the Department of Health
and Human Services Acquisition Regulation (HHSAR). Any reference may be
cited as ''HHSAR'' followed by the appropriate number. Within the
HHSAR, the number alone will be used.
(3) Citations of authority shall be incorporated where necessary.
All FAR reference numbers shall be preceded by ''FAR''.
301.104-3 COPIES.
Copies of the HHSAR in Federal Register and CFR form may be purchased
by the public from the Superintendent of Documents, Government Printing
Office (GPO), Washington, D.C. 20402. Loose-leaf copies of the HHSAR may
be obtained by departmental personnel having a need for the document by
placing an order with a Directives Distribution Coordinator in
accordance with General Administration Manual Chapter 1-00, HHS Staff
Manual System.
301.105 OMB APPROVAL UNDER THE PAPERWORK REDUCTION ACT.
The following OMB control numbers apply to the information collection
and recordkeeping requirements contained in this regulation:
HHSAR Segment OMB Control Number
++NEW 315.4 ------------- 0990-0139 NEW++
323.70 ------------------ 0990-0137
324.70 ------------------ 0990-0136
332.406 ----------------- 0990-0134
342.7103 ---------------- 0990-0131
352.215-71 -------------- 0990-0139
352.216-70 -------------- 0990-0138
352.224-70 -------------- 0990-0136
352.228-70 -------------- 0990-0135
++NEW 352.232-71 -------- 0990-0134
352.232-73 -------------- 0990-0134
352.233-70 -------------- 0990-0133
352.270-1 --------------- 0990-0129 NEW++
352.270-2 --------------- 0990-0129
++NEW 352.270-3 --------- 0990-0129
352.270-5 --------------- 0990-0130 NEW++
352.270-6 ---------------- 0990-0130
370.1 --------------------0990-0129
370.2 ------------------- 0990-0129
The OMB control number "OMB No. 0990-0115" is to be included in the
upper right corner of the first page of all (()) solicitations, purchase
orders, and conracts issued by departmental contracting activities. The
number represents approval of the HHS acquisition process and covers
recordkeeping and reporting requirements which are unique to individual
acquisitions (e.g., requirements contained in specifications, statements
of work, etc.).
SUBPART 301.2 -- ADMINISTRATION
301.201 MAINTENANCE OF THE HHSAR.
(a) The HHSAR is prepared and issued under the authority of the
Deputy Assistant Secretary for ++NEW Management and Acquisition. NEW++
Acquisition policies and procedures which are necessary to implement,
supplement, or deviate from the FAR will be issued in the HHSAR by the
Deputy Assistant Secretary for ++NEW Management and Acquisition NEW++
when necessary to accomplish Department-wide acquisition objectives.
(b) The HHSAR is maintained by the Office of ++NEW Acquisition and
Grants Management. NEW++ The Director, Office of Procurement and
Logistics Policy is responsible for developing and preparing for
issuance all acquisition regulatory material to be included in the
HHSAR.
301.270 EXECUTIVE COMMITTEE FOR ACQUISITION.
(a) The Deputy Assistant Secretary for ++NEW Management and
Acquisition NEW++ has established the Executive Committee for
Acquisition (ECA) to assist and facilitate the planning and development
of departmental acquisition policies and procedures and to assist in
responding to other agencies and organizations concerning policies and
procedures impacting the Federal acquisition process.
(b) The ECA consists of members and alternates from the Office of
++NEW Acquisition and Grants Management, Division of Contract Operations
-- NEW++ OS, Office of Human Development Services, Health Care Financing
Administration, Social Security Administration, Public Health Service,
and, collectively, the regional offices. The ECA is chaired by the
Director, Office of Procurement and Logistics Policy. All meetings will
be held at the call of the Chairman, and all activities will be carried
out under the direction of the Chairman.
(c) The ECA, to facilitate the planning, development, and
coordination of government-wide and department-wide acquisition policies
and procedures, is to:
(1) Advise and assist the Chairman concerning major acquisition
policy matters;
(2) Review and appraise, at appropriate intervals, the overall
effectiveness of existing policies and procedures; and
(3) Review and appraise the impact of new major acquisition policies,
procedures, regulations, and developments on current acquisition
policies and procedures.
(d) The Chairman will periodically issue a list of current members
and alternates specifying the name, title, organization, address, and
telephone number of each. The member organizations are responsible for
apprising the Chairman whenever a new member or alternate is to be
appointed to the ECA.
301.271 TIMING OF HHSAR REVISIONS.
HHSAR revisions will be issued throughout the year as the need
arises. HHSAR material shall become effective on the date cited in the
Federal Register issuance or on the date of the transmittal notice which
distributes it to HHSAR Staff Manual holders, unless otherwise
indicated.
SUBPART 301.3 -- AGENCY ACQUISITION REGULATIONS
301.301 POLICY.
(a)(1) The FAR and HHSAR are intended to provide all necessary
regulatory guidance for the conduct of the acquisition process within
the Department. However, there may be some rare instances where
regulations are necessary to implement and/or supplement the FAR and/or
HHSAR at the Operating Division (OPDIV) level or lower. The Department
discourages the proliferation of OPDIV and lower level issuances, but
will allow lower level issuances when deemed pertinent.
301.302 LIMITATIONS.
The same limitations applicable to the FAR also apply to the HHSAR.
301.303 PUBLICATION AND CODIFICATION.
(a) The HHSAR shall be codified in Chapter 3 of Title 48, Code of
Federal Regulations. Any OPDIV or lower implementation or
supplementation of the HHSAR or FAR shall also be codified as part of
Chapter 3. Implementing material is that which expands upon or indicates
the manner of compliance with related higher level material.
Supplementing material is that for which there is no counterpart. Where
material in the FAR requires no implementation, there will be no
corresponding number in the HHSAR. Thus, there are gaps in the HHSAR
sequence of numbers where the FAR, as written, is deemed adequate.
Supplementary material shall be numbered as specified in FAR 1.303.
301.304 AGENCY CONTROL AND COMPLIANCE PROCEDURES.
(a) Whenever an OPDIV or lower level organization determines a need
for an acquisition regulation not covered by the FAR or HHSAR or wishes
to implement or supplement the coverage in either, the organization
shall prepare a memorandum that explains the need, background,
justification, and significant aspects of the proposed regulation and
send it, together with an outline, to the Director, Office of
Procurement and Logistics Policy. The Director will analyze the request
to determine if it has applicability to the HHSAR or FAR; if not, the
Director will either approve or disapprove the request for incorporation
into the organization's acquisition regulation. If the request is
approved, the organization must prepare the proposed regulation in
Federal Register format, obtain all necessary concurrences, including
Office of General Counsel -- (()) Business and Administrative Law
Division, and send it to the Director, Office of Procurement and
Logistics Policy for review and approval. The regulation must be
prepared for signature by the Deputy Assistant Secretary for
Procurement, Assistance and Logistics. All regulations will be required
to be processed through the public rulemaking process in the Federal
Register.
(b) Only the organizations listed in paragraph (d) are authorized to
established acquisition regulations. As of the date of issuance of the
HHSAR, no acquisition regulations below the HHSAR level exist, and the
procedures detailed in paragraph (a) must be followed to initiate the
establishment of an OPDIV or lower level regulation.
(c) Under no circumstances shall any organization's implementation or
supplementation of the FAR or HHSAR conflict with, supersede, or repeat,
paraphrase, or otherwise restate policies or procedures prescribed by
these regulatory issuances. OPDIV or lower level material shall follow
the numbering system, format, and arrangement of the FAR and HHSAR and
will be applicable only within the organization issuing it. One copy of
all OPDIV or lower level material issued in loose-leaf format shall be
furnished the Director, Office of Procurement and Logistics Policy at
the times of issuance.
(d) Material issued by OPDIV or lower level organizations to
implement and supplement the HHSAR and FAR shall be identified by
prefixes to the digit 3 (indicating Chapter 3-HHSAR) as follows, and
shall use the same numbering system as the HHSAR:
ORGANIZATION PREFIX
Office of the Secretary -- OS
Health Care Financing Administration -- HCFA
Office of Human Development Services -- OHDS
Public Health Service -- PHS
Alcohol, Drug Abuse, and Mental Health Administration ADAMHA
Centers for Disease Control -- CDC
Food and Drug Administration -- FDC
Health Resources and Services Administration -- HRSA
++NEW Indian Health Services -- NIH NEW++
National Institutes of Health -- NIH
Social Security Administration -- SSA
Each OPDIV or lower level acquisition regulation will be included in
its entirety as a separate appendix to 48 CFR Chapter 3. The Director,
++NEW Office of Acquisition and Grants Management NEW++ will assign the
appendix designation upon approval of the initial request to establish
the OPDIV or lower level acquisition regulation.
SUBPART 301.4 DEVIATIONS FROM THE FAR.
301.403 INDIVIDUAL DEVIATIONS.
Requests for individual deviations to either the FAR or HHSAR shall
be prepared in accordance with 301.470 and forwarded through
administrative channels to the Director, Office of ++NEW Acquisition and
Grants Management NEW++ for review and approval.
301.404 CLASS DEVIATIONS.
Requests for class deviations to either the FAR or HHSAR shall be
prepared in accordance with 301.470 and forwarded through administrative
channels to the ++NEW Deputy Assistant Secretary for Management and
Acquisition NEW++ for review and approval.
301.470 PROCEDURE.
(a) When a contracting activity or contracting office determines that
a deviation is needed, it shall prepare a deviation request in
memorandum form and forward it through administrative channels to the
++NEW official designated NEW++ in 301.403 or 301.404. In an exigency
situation, the contracting activity or contracting office may request a
deviation verbally, but is required to confirm the request in writing as
soon as possible.
(b) A deviation request shall clearly and precisely set forth the:
(1) Nature of the needed deviation;
(2) Identification of the FAR or HHSAR from which the deviation is
needed;
(3) Circumstances under which the deviation would be used;
(4) Intended effect of the deviation;
(5) Time-frame; and
(6) Reasons which will contribute to complete understanding and
support of the requested deviation. A copy of pertinent background
papers such as a form or contractor's request should accompany the
deviation request.
SUBPART 301.5 -- AGENCY AND PUBLIC PARTICIPATION
301.501 SOLICITATION OF AGENCY AND PUBLIC VIEWS.
301.501-2 OPPORTUNITY FOR PUBLIC COMMENTS.
(a) Reserved
(b) Public opportunity for comment on proposed changes or additions
to the HHSAR or lower level acquisition regulations will be offered
whenever the proposed regulation will have an impact on the public and/
or contractors. This will be accomplished by publishing a notice of
proposed rulemaking in the Federal Register which will include the
proposed language and the background and rationale for the proposed
regulation. Comments will not be solicited directly from professional or
industry associations or other interested parties; they will be
expected to respond based upon the Federal Register notification.
Normally, the public will be given 45 days to comment. Proposed changes
or additions to the HHSAR or FAR shall be staffed to the Executive
Committee for Acquisition in accordance with 301.270.
301.501-3 EXCEPTIONS.
(e) Comments will not be solicited from the public when the change or
addition to the HHSAR or lower level acquisition regulation is deemed
procedural in nature and concerns internal administrative directions
aimed at departmental personnel (see FAR 1.301(b)).
301.503 PUBLIC MEETINGS.
Public meetings will not normally be used to solicit comments or
views on HHSAR or lower level acquisition regulations. However, when the
topic is so controversial that the Department or OPDIV believes a public
meeting would be beneficial, public meetings will be convened.
SUBPART 301.6 -- CONTRACTING AUTHORITY AND RESPONSIBILITIES
++NEW 301.602 CONTRACTING OFFICERS.
301.602-3 RATIFICATION OF UNAUTHORIZED COMMITMENTS.
(b) Policy. (1) The Government is not bound by agreements or
contractual commitments made to prospective contractors by persons to
whom contracting authority has not been delegated. However, execution
of otherwise proper contracts made by individuals without contracting
authority, or by contracting officers in excess of the limits of their
delegated authority, may be later ratified. The ratification must be in
the form of a written document clearly stating that ratification of a
written document clearly stating that ratification of a previously
unauthorized act is intended and must be signed by the head of the
contracting activity (HCA).
(2) The HCA or his/her designee is the official authorized to ratify
an unauthorized commitment (but see (b)(3), below).
(3) Ratification authority may be redelegated by HCA, but not below
the level of the principal official responsible for acquisition (PORA).
(c) Limitations. (5) The concurrence of legal counsel concerning the
payment issue is optional.
(7) The ratification shall be in written document form containing
verification of each limitation stated in FAR 1.602-3(c)(1)-(6), and
shall be processed in accordance with 301.602-3(e) Procedures.
(e) Procedures. (1) The individual who made the unauthorized
contractual commitment shall furnish the reviewing contracting officer
all records and documents concerning the commitment and a complete
written statement of facts, including, but not limited to: a statement
as to why the contracting office was not used, a statement as to why the
proposed contractor was selected, a list of other sources considered, a
description of work to be performed or products to be furnished, the
estimated or agreed contract price, a citation of the appropriation
available, and a statement of whether the contractor has commenced
performance.
(2) The contracting officer will review the submited material, and
prepare the ratification document if he/she determines that the
commitment may be ratifiable. The contracting officer shall forward the
ratification document and the submitted material to the HCA or designess
with any comments or information which should be considered in
evaluation of the request for ratification. If legal review is
desirable, the HCA or designee will coordinate the request for
ratification with the Office of General Counsel, Business and
Administrative Law Division.
(3) If ratification is authorized by the HCA or designee, the file
will be returned, along with the ratification document, to the
contracting officer for issuance of a purchase order or contract, as
appropriate.
(4) HCA's or their designees will report the number and dollar value
of requests for ratifications received and ratifications authorized each
calendar quarter. Reports shall be submitted in an original and one
copy to the Deputy Assistant Secretary for Management and Acquisition to
arrive no later than 30 calendar days after the close of each calendar
quarter. NEW++
301.603 SELECTION, APPOINTMENT, AND TERMINATION OF APPOINTMENT.
301.603-1 GENERAL.
(a) The appointment and termination of contracting officers shall be
made by the principal official responsible for acquisition (PORA). This
authority is not delegable. The head of the contracting activity shall
ensure that only the PORA is redelegated, and exercises, this authority.
(b) Only GS-1105 and 1106 and GS/GM-1101 and 1102 personnel shall be
appointed as contracting officers (see 301.603-3(b)).
(c) The appointment of contracting officers shall be made at one of
the four levels specified under the HHS Acquisition Certification
Program (see 302.603-3(b)).
(d) An individual shall be appointed only in instances where a valid
organizational need for a contracting officer can be demonstrated or a
replacement position is to be filled. Factors to be considered in
assessing the need for a contracting officer appointment include volume
of actions, complexity of work, and structure of the organization.
301.603-2 SELECTION
(a) When an organizational need for a contracting officer is
determined or a replacement is required, an official (usually the
prospective contracting officer's immediate supervisor) will nominate a
contracting officer candidate. The nomination shall be accompanied by
the candidate's current Standard Form (SF) 171, Personal Qualifications
Statement, that contains all relevant information, to include that
stated in FAR 1.603-2, a copy of the nominee's most recent performance
appraisal, and a copy of the certificate issued under the HHS
Acquisition Certification Program indicating the current level of
certification.
(b) The PORA shall review the submitted material to determine the
candidate's ability to perform the contracting functions required to
meet the organizational need. If the PORA requires additional
information to make the decision, it shall be provided expeditiously by
the nominating official.
301.603-3 APPOINTMENT
(a) Contracting officer appointments shall become effective when the
PORA signs the Standard Form (SF) 1402, Certificate of Appointment. SF
1402, shall be prepared and maintained in accordance with FAR 1.603-3.
(b) Appointments shall be made at one of the four levels established
by the HHS Acquisition Certification Program. Therefore, the
contracting officer candidate must meet the minimum eligibility
requirements of certification for one of the four stated levels. The
level will be determined by the organizational need or position being
refilled (replacement). The four levels are as follows:
(1) LEVEL I -- PURCHASING AGENT -- Mandatory for all personnel who
have signature authority for small purchases (GS-1102, 1105, and 1106),
including orders from GSA sources.
(2) LEVEL II -- ACQUISITION OFFICIAL -- Mandatory for those in the
GS-1102 series. Sufficient for delegation of contracting officer
authority to a maximum of $100,000.
(3) LEVEL III -- SENIOR ACQUISITION OFFICIAL -- Mandatory for those
in the GS-1102 series for delegation of contracting officer authority
above $100,000.
(4) LEVEL IV -- ACQUISITION MANAGER -- Mandatory for preaward review
and approval authority as specified in HHSAR Subpart 304.71.
(c) Changes to contracting officer appointments, either increasing or
decreasing the warrant limitations, shall be made by the PORA. Changes
must be made from one of the four certification levels to another, or
within one of the certification levels, and must be implemented by the
PORA's issuance of a new SF 1402 to replace the existing SF 1402.
(d) Personnel shall not ordinarily be appointed as contracting
officers is they do not meet the qualifications prescribed for one of
the four certification levels. However, if it is essential to appoint a
contracting officer who does not fully meet the certification
qualifications, an interim appointment may be granted by the PORA. The
PORA shall require as a condition of the interim appointment that all
training or experience requirements be met within a six month time
period. Usually, interim appointments shall not exceed six months.
Failure to successfully complete the necessary training requirements or
gain the experience within this time frame will result in termination of
the appointment, unless the PORA determines that unusual circumstances
prevented the attainment of either. In this instance, one additional
six month interim appointment may be issued, but no more shall be
allowed. The PORA shall fully document all interim appointment actions.
(e) The original SF 1402 shall be provided to the contracting
officer, and a copy shall be retained by the PORA. Another copy of the
SF 1402 along with the SF 171 material shall be forwarded to the
servicing personnel office for inclusion in the individual's personnel
file folder. Files on individuals should not be established by the
PORA.
301.603-4 TERMINATION
Termination of contracting officer appointments shall be executed by
the PORA in accordance with FAR 1.603-4.
301.603-70 DELEGATION OF CONTRACTING OFFICER RESPONSIBILITIES
(a) Non-GS/GM-1101 or 1102 or GS-1105 or 1106 personnel shall only be
delegated contracting officer responsibilities when determined necessary
by a warranted contracting officer (holder of a valid SF 1402), and in
accordance with this subsection. Personnel, such as a contracting
officer's representative or an ordering officer, shall be delegated only
the needed (()) responsibilities by the warranted contracting officer in
a written memorandum of delegation which clearly states any limitations
on the delegation. Personnel who are not in the GS/ GM-1101 or 1102 or
GS-1105 or GS-1106 job series shall not be issued a SF 1402, Certificate
of Appointment.
(b) Non-acquisition personnel who are delegated acquisition
responsibilities shall be required to have the trainig, experience, and
education requirements necessary for the responsibilities assigned. If
for example, responsibility is to be delegated for making small
purchases, the training, education and experience for Level I --
Purchasing Agent, or its equivalent as determined by the PORA, shall be
required.
301.670 HEAD OF THE CONTRACTING ACTIVITY.
301.670-1 RESPONSIBILITY.
The head of the contracting activity (HCA) is responsible for the
conducting an effective and efficient acquisition program. Adequate
controls shall be established to assure compliance with applicable laws,
regulations, procedures, and the dictates of good management practices.
Periodic reviews shall be conducted and evaluated by qualified
personnel, preferably assigned to positions other than in the
contracting office being reviewed, to determine the extent of adherence
to prescribed policies and regulations, and to detect a need for
guidance and/or training.
301.670-2 DESIGNATION.
Each OPDIV head and PHS agency head has been designated as HCA along
with the folloing officials:
++NEW (a) Deputy Assistant Secretary for Management and Acquisition,
and
(b) Each Regional Director. NEW++
301.670-3 REDELEGATION.
(a) The heads of contracting activities may redelegate their HCA
authorities to the extent that redelegation is not prohibited by the
terms of their respective delegations of authority, by law, by the
Federal Acquisition Regulation, by the HHS Acquisition Regulation, or by
other regulations. However, HCA and other contracting approvals and
authorities shall not be delegated below the levels specified in the HHS
Acquisition Regulation or, in the absence of coverage in the HHS
Acquisition (()) Regulation, the Federal Acquisition Regulation. To
ensure proper control of redelegated acquisition authorities, HCA's
shall maintain a file containing successive delegations of HCA authority
through and including the conracting officer level.
(b) Personnel delegated responsibility for acquisition functions must
possess a level of experience, training, and ability commensurate with
the complexity and magnitude of the acquisition actions involved.
SUBPART 301.7 -- DETERMINATIONS AND FINDINGS
301.703 CLASS DETERMINATIONS AND FINDINGS.
(a) Reserved.
(b) All class determinations and findings (D&F's) shall be limited to
a period of one year or less.
301.704 CONTENT.
An example of a D&F format may be found in 316.301-3(c). All D&F's
shall be prepared using the referenced format and shall include the
information required by FAR 1.704(a)-(g).
PART 301
HHS ACQUISITION MANUAL
DEFINITIONS OF WORDS AND TERMS
TABLE OF CONTENTS
Section 302.100 DEFINITIONS OF TERMS.
"Chief of the contracting office."
"Head of the agency."
"Head of the contracting activity."
"Principal official responsible for acquisition."
%%
SUBPART 302.1 DEFINITIONS
302.100 DEFINITION OF TERMS
"Chief of the contracting office" (CCO) is a mid-level management
official in charge of a contracting office who controls and oversees the
daily contracting operation of an Operating Division (OPDIV) or major
component of an OPDIV. The CCO is subordinate to the principal official
responsible for acquisition and is located at a management level above
othe contracting personnel, usually a branch chief.
''Head of the agency'' or ''agency head'' means the head of the
Operating Division (OPDIV) for HCFA, OHDS, PHS, and SSA, or the
Assistant Secretary for Management and Budget (ASMB) for the Office of
the Secretary (OS).
''Head of the contracting activity'' (HCA) -- see 301.670-2.
''Principal official responsible for acquisition'' (PORA) is defined
in terms of certain organizational positions within the Office of
Management and Acquisition (OMAC-OS), Health Care Financing
Administration (HCFA), Office of Human Development Services (OHDS),
Office of the Assistant Secretary for Health (OASH), Alcohol, Drug
Abuse, and Mental Health Administration (ADAMHA), Centers for Disease
Control (CDC), Food and Drug Administration (FDA), Health Resources and
Services Administration (HRSA), Indian Health Service (IHS), National
Institutes of Health (NIH), Social Security Administration (SSA), and
the Regional Offices (RO's), as follows:
OMAC-OS -- Director, Division of Contract Operations
++NEW HCFA -- Director, Office of Acquisition and Grants, Office of
Budget and Administration NEW++
OHDS -- Chief, Contracts Branch, Division of Grants, and Contracts
Management, Office of Management Services
OASH -- Director, Division of Materiel Management, Administrative
Services Center, Office of Management
ADAMHA -- Director, Division of Grants and Contracts Management,
Office of the Administrator
CDC -- Director, Procurement and Grants Office, Office of the Center
Director
FDA -- Director, Division of Contracts and Grants Management, Office
of the Associate Commissioner for Management and Operations
HRSA -- Director, Division of Grants and Procurement Management,
Office of Management
IHS -- Director, Division of Contracts and Grants Policy, Office of
Administration and Management
NIH -- Director, Division of Contracts and Grants, Office of
Administration and Management
++NEW SSA -- Associate Commissioner, Office of Acquisition and Grants
Management NEW++ of Material Resources Management, Office of Management,
Budget and Personnel
RO's -- Director, Regional Administrative Support Center
The PORA is subordinate to the head of the contracting activity and
is the official in charge of the major contracting operation activity
within the OPDIV, agency, staff office, or regional office.
JURIS NOTE: LU 91.01 (10-31-91).
SUBCHAPTER A -- GENERAL
PART 302
HHS ACQUISITION MANUAL
IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
TABLE OF CONTENTS
SUBPART 303.1 -- SAFEGUARDS
303.101 Standards of conduct.
303.101-3 Agency regulations.
SUBPART 303.2 -- CONTRACT GRATUITIES TO GOVERNMENT PERSONNEL
303.203 Reporting suspected violations of the Gratuities clause.
SUBPART 303.3 -- REPORT OF SUSPECTED ANTITRUST VIOLATIONS
303.303 Reporting suspected antitrust violations.
SUBPART 303.4 -- CONTINGENT FEES
303.408 Evaluation of the SF 119.
303.408-1 Responsibilities.
303.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
SUBPART 303.5 -- OTHER IMPROPER BUSINESS PRACTICES
303.502 Subcontractor kickbacks.
SUBPART 303.6 -- CONTRACTS WITH GOVERNMENT EMPLOYEES OR ORGANIZATIONS
OWNED OR CONTROLLED BY THEM
303.602 Exceptions.
++NEW SUBPART 303.7 -- VOIDING AND RESCINDING CONTRACTS
303704 Policy. NEW++
%%
303.101 STANDARDS OF CONDUCT
303.101-3 AGENCY REGULATIONS
The Department of Health and Human Services' Standards of Conduct are
prescribed in PArt 73 of Title 45.
SUBPART 303.2 CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL
303.203 REPORTING SUSPECTED VIOLATIONS OF THE GRATUITIES CLAUSE
Departmental personnel shall report suspected violations of the
Gratuities clause in accordance with Subpart M, Reporting Violations, of
the Department's Standards of Conduct (45 CFR Part 73) and General
Administration Manual Chapter 5 - 10, rather than as specified in FAR
3.203. Refer to Subpart E, Gifts, Entertainment, and Favors, of 45 CFR
73 for an explanation regarding what is prohibited and what is
permitted.
SUBPART 303.3 REPORTS OF SUSPECTED ANTITRUST VIOLATIONS
303.303 REPORTING SUSPECTED ANTITRUST VIOLATIONS
A copy of each report of suspected antitrust violations submitted to
the Attorney General shall also be submitted to the ++NEW Director,
Office of Acquisition and Grants Management. NEW++
SUBPART 303.4 -- CONTINGENT FEES
303.408 EVALUATION OF THE SF 119.
303.408-1 RESPONSIBILITIES.
(a) Reserved.
(b) The chief of the contracting office shall perform the review
required by FAR 3.408-1(b) and should consult with the Office of General
Counsel, Business and Administrative Law Division, when deemed
necessary.
303.409 MISREPRESENTATIONS OR VIOLATIONS OF THE COVENANT AGAINST
CONTINGENT FEES.
(a) Reports shall be made promptly to the contracting officer.
(b) (1)-(3) Reserved.
(4) Suspected fraudulent or criminal matters to be reported to the
Department of Justice shall be prepared in letter format and forwarded
through acquisition channels to the head of the contracting activity for
signature. The letter must contain all pertinent facts and background
information considered by the contracting officer and chief of the
contracting office that led to the decision that fraudulent or criminal
matters may be present. A copy of the signed letter shall be sent to the
++NEW Director, Office of Acquisition and Grants Management. NEW++
SUBPART 303.5 -- OTHER IMPROPER BUSINESS PRACTICES
303.502 SUBCONTRACTOR KICKBACKS.
(a) Reserved.
(b) Any known or suspected violations of the Anti-Kickback Act (41
U.S.C. 51-54) shall be reported to the contracting officer who shall
investigate the matter, document the findings, and report the results to
the chief of the contracting office. If the results substantiate the
known or suspected violation, the chief of the contracting office shall
notify the Office of General Counsel, Business and Administrative Law
Division and report the matter, through acquisition channels, to the
head of the contracting activity. The head of the contracting activity
shall take appropriate action in consonance with the Act, and notify the
++NEW Director, Office of Acquisition and Grants Management NEW++ of the
case and its disposition.
SUBPART 303.6 -- CONTRACTS WITH GOVERNMENT EMPLOYEES OR ORGANIZATIONS
OWNED OR CONTROLLED BY THEM
303.602 EXCEPTIONS.
Approval of an exception to the policy stated in FAR 3.601 shall be
made by the head of the OPDIV (Assistant Secretary for Management and
Budget in OS cases) or the Regional Director.
SUBPART 303.7 VOIDING AND RESCINDING CONTRACTS
303.704 ++NEW POLICY.
For purposes of implementing FAR Subpart 3.7, the authorities granted
to the "agency head or designee" shall be exercised by the principal
official responsible for acquisition. NEW++
SUBCHAPTER A -- GENERAL
PART 303
HHS ACQUISITION MANUAL
ADMINISTRATIVE MATTERS
TABLE OF CONTENTS
SUBPART 304.1 -- CONTRACT EXECUTION
304.101 Contracting officer's signature.
SUBPART 304.2 -- CONTRACT DISTRIBUTION
304.201 Procedures.
SUBPART 304.6 -- CONTRACT REPORTING
304.602 Federal Procurement Data Systems.
SUBPART 304.8 -- CONTRACT FILES
304.801 General.
304.804 Closeout of contract files.
304.804-1 Closeout by the office administering the contract.
304.870 Closing review.
SUBPART 304.70 -- ACQUISITION INSTRUMENT IDENTIFICATION NUMBERING
SYSTEM
304.7000 Scope of subpart.
304.7001 Numbering contracts.
304.7002 Numbering solicitation documents.
304.7003 Numbering purchase and delivery orders.
304.7004 Numbering basic agreements.
304.7005 Numbering basic ordering agreements.
SUBPART 304.71 -- REVIEW AND APPROVAL OF PROPOSED CONTRACT AWARDS
304.7100 Scope of subpart.
304.7101 Contracts requiring review and approval.
304.7102 Conduct of the review.
304.7103 Approvals.
SUBPART 304.1 -- CONTRACT EXECUTION
304.101 CONTRACTING OFFICER'S SIGNATURE.
An original of each bilateral contract or modification shall be
executed by the contractor and contracting officer. An original of each
unilateral contract or modification shall be executed by the contracting
officer. The contracting officer need only sign the original when carbon
paper is used in sets of forms such as Standard Form 44 or Optional Form
347 or 348. A legible carbon impression of the contracting officer's
signature shall carry the same force and effect as a pen and ink
signature for unilateral contracts.
SUBPART 304.2 -- CONTRACT DISTRIBUTION
304.201 PROCEDURES.
The signed original of bilateral contracts and modifications shall be
placed in the contract file, and duplicate originals shall be furnished
the contractor, the appropriate accounting point, the project officer,
and other individuals or offices, as applicable. Purchase orders,
delivery orders, and other unilateral contracts and modifications shall
be distributed the same as bilateral contracts except the original shall
be furnished the contractor or seller. Copies of unilateral contracts
and modifications with carbon impressioned signatures may be used but
must be stamped ''DUPLICATE ORIGINAL'' (see 304.101).
SUBPART 304.6 -- CONTRACT REPORTING
304.601 ++NEW FEDERAL PROCUREMENT DATA SYSTEM. NEW++
The Department-wide Contract Information System (DCIS) represents the
Department's implementation of the FPDS. All departmental contracting
activities are required to participate in the DCIS and follow the
procedures stated in the Contract Information System Manual and
amendments to it. The principal official responsible for acquisition
shall ensure that all required contract information is collected,
submitted, and received into the DCIS on or before the 15th of each
month for all appropriate contract and contract modification awards of
the prior month.
SUBPART 304.8 -- CONTRACT FILES
304.801 GENERAL.
OPDIVs shall prescribe the contents of contract files and establish
filing procedures consistent with the nature of the contracting actions
and in accordance with FAR 4.801, 4.802, and 4.803. Contract files
should contain an index of the contents to facilitate review and should
be separated into logical categories (see FAR 4.803).
304.804 CLOSEOUT OF CONTRACT FILES.
304.804-1 CLOSEOUT BY THE OFFICE ADMINISTERING THE CONTRACT
(a) (1) and (2) (Reserved.)
(3) Files for all cost-reimbursement type contracts should be closed
within 20 months of the month in which the contracting officer receives
evidence of physical completion (see FAR 4.804-4). The contracting
officer responsible for contract closeout may negotiate settlement of
indirect costs for a specific contract, in advance of the determination
of final indirect cost rates in accordance with FAR 42.708.
304.870 CLOSING REVIEW.
(a) Contracting officers shall assure the applicable items in FAR
4.804-5, other than a field audit, have been accomplished prior to
closing any physically completed contract. Cost-reimbursement type
contracts will be subject to the additional requirements set forth below
before they may be closed.
(b) Contracting officers shall use the instructions in the October 5,
1982 memorandum from the Deputy Assistant Secretary for Procurement,
Assistance and Logistics to closeout cost-reimbursement type contracts
physically completed prior to fiscal year 1977 and cost-reimbursement
type contracts completed subsequent to that date for which field audit
information is available.
(c) Contracting officers shall closeout all other cost-reimbursement
type contracts physically completed after September 30, 1977 in
accordance with the following procedures:
++NEW (1) Field audits will be conducted for
(1) Field audits will be conducted for contracts in excess of
$500,000 awarded to commercial organizations and non-profit
organizations other than colleges and universities, hospitals and State
and local units of government for which an agency other than HHS has
audit cognizance. NEW++ Field audits will also be conducted each year on
approximately 25 of the same type contractors for which HHS has audit
cognizance. These contracts may be closed after receipt of the field
audit report.
++NEW (2) Contracts of any dollar value with non-proprietary colleges
and universities, hospitals and State and local units of government and
contracts not in excess of $500,000 with other institutions/
organizations shall be closed out on the basis of a desk audit. NEW++
The desk audit should include (i) a confirmation from the project
officer that labor, material, travel, and other types of direct costs
are commensurate with contract requirements, (ii) a review of available
audit reports to determine if any adjustments were made that may be
applicable to the contract under review, and (iii) discussions with the
cognizant government auditor when considered appropriate. These
contracts shall be closed with the condition that they are subject to
adjustment should an on-site audit be conducted at a later date and
should unallowable costs be identified as a result of that audit. The
release executed by the contractor shall contain the following:
The Contractor agrees, pursuant to the clause in this contract
entitled Allowable Cost (for cost-reimbursement contracts) or Allowable
Cost and Fixed Fee (for CPFF contracts), that the amount of any
sustained audit exceptions resulting from any audit made after final
payment will be refunded to the Government.
(3) The contracting officer may request a field audit of any contract
when, in his/ her judgment, the risk attendant with the contract
warrants it. The contracting officer, however, shall exercise discretion
in requesting such audits on creditable evidence such as unsatisfactory
dealings with the contractor during the period of contract performance,
prior audit reports containing serious findings against the contractor,
the known experience of other government officials in dealing with the
contractor when the contracting officer is personally knowledgeable
about the circumstances, formal third party complaints or allegations
which bear upon the contractor's integrity or the (()) propriety of
costs charged to the Government, and other comparable allegations or
advice of a derogatory nature about the contractor made by reasonable
individuals which in the contracting officer's judgment should be
investigated. Except where a contracting officer suspects
misrepresentation or fraud, audits should not be requested if their cost
of performance is likely to exceed their potential cost recovery.
(4) When an audit is warranted prior to closing out a contract, the
contracting officer should request the audit directly from the
Department of Health and Human Services Office of the Inspector General,
Office of Audits (HHSOA). The request should cite the reasons the
contracting officer believes an audit is warranted. A copy of the
request should be forwarded to the Director, Office of Acquisition and
Grants Management (DOAGM). In the event the Office of the Inspector
General cannot honor the request in a reasonable period of time, it will
consult with DOAGM and the contracting officer. The final decision on
the need and scope of an audit will be made on the basis of the value of
the contract, the nature of the contracting officer's concerns, and the
availability of HHSOA or other existing resources in the Department to
perform a review to satisfy the contracting officer's concerns.
(5) Closeout procedures are to be followed in conjunction with the
regular procedures now followed in administering contracts. These
procedures are not meant or to be interpreted as imposing any
requirement or responsibility on contracting officers or necessitating
any reviews on the part of the contracting officials not currently
required by the FAR. With some rare exceptions, Standard Form 1034,
Public Voucher for Purchases and Services Other than Personal, will
contain sufficient information to allow a contracting officer to satisfy
requirements for desk audits. Accordingly, these closeout procedures
shall not cause contracting officers to engage in extraordinary
oversight or review and shall not be used by contracting officers as the
basis for requiring contractors to submit extraordinary documentation
such as payroll listing, labor billings, travel details, etc.
SUBPART 304.70 -- ACQUISITION INSTRUMENT IDENTIFICATION NUMBERING
SYSTEM
304.7000 SCOPE OF SUBPART.
This subpart prescribes policy and procedures for assigning
identifying numbers to contracts and related instruments, including
solicitation documents, purchase orders, and delivery orders.
304.7001 NUMBERING CONTRACTS.
(a) Contracts which require numbering. The following contracts shall
be numbered in accordance with the system prescribed in paragraph (b) of
this section:
(1) All contracts, including letter contracts and task orders under
basic ordering agreements, which involve the payment of $2,500 or more
for the acquisition of personal property or nonpersonal services.
(2) All contracts which involve the payment of $2,000 or more for
construction (including renovation or alteration).
(3) All contracts which involve more than one payment regardless of
amount.
(The number assigned to a letter contract shall be assigned to the
superseding definitized contract.)
(b) Numbering system. All contracts which require numbering shall be
assigned a number consisting of the following:
(1) The three digit code assigned to the contracting office by the
++NEW Office of Financial Operations, Office of Finance; NEW++
(2) A two digit fiscal year designation; and
(3) A four digit serial number.
While it is required that a different series of four digit serial
numbers be used for each fiscal year, serial numbers assigned need not
be sequential.
(c) Illustration of contract numbers. The initial contract executed
by the Division of Contract Operations, Office of Management by the
Division of Contract and Grant Operations, Office of Management
Services, Office of the Secretary, for fiscal year 1983 should be
numbered 100-83-0001, the second contract 100-83-0002. Alternatively, if
it is desirable for internal identification purposes to establish
separate series of numbers for sealed bid and negotiated contracts, this
procedure is permissible. In this instance, the initial sealed bid
contract might be numbered 100-83-0001 and the initial negotiated
contract numbered 100-83-0500.
(d) Assignment of identification codes. Each contracting office of
the Department shall be assigned a three digit identification code by
the ++NEW Office of Financial Operations. NEW++ Requests for the
assignment of such codes for newly established contracting offices shall
be submitted by the headquarters acquisition staff office of the
contracting activity to the ++NEW Office of Financial Operations NEW++
Conversely, in the event that a contracting office is to be
disestablished, the ++NEW Office of Financial Operations NEW++ shall be
notified. A listing of the contracting office identification codes
currently in use is contained in the Department-wide Contract
Information System Manual (DCIS).
304.7002 NUMBERING SOLICITATION DOCUMENTS.
Requests for proposals and invitations for bids shall be numbered in
accordance with procedures prescribed by the headquarters staff office
of the contracting activity.
304.7003 NUMBERING PURCHASE AND DELIVERY ORDERS.
Contracting offices shall establish procedures for numbering purchase
orders as required for effective identification and control.
304.7004 NUMBERING BASIC AGREEMENTS.
Basic agreements shall be numbered in accordance with procedures
prescribed by the headquarters staff office of the cognizant contracting
activity. However, individual contracts entered into pursuant to the
terms and conditions of a basic agreement shall be numbered in
accordance with 304.7001( b).
304.7005 NUMBERING BASIC ORDERING AGREEMENTS.
Basic ordering agreements shall be numbered in accordance with
procedures prescribed by the headquarters staff office of the ++NEW
contracting activity. NEW++
SUBPART 304.71 -- REVIEW AND APPROVAL OF PROPOSED CONTRACT AWARDS
304.7100 SCOPE OF SUBPART.
This subpart prescribes review and approval procedures for contract
actions to ensure that:
(a) Contract awards are in conformance with law, established policies
and procedures, and sound business practices;
(b) Contractual documents properly reflect the mutual understanding
of the parties; and
(c) The contracting officer is informed of deficiencies and items of
questionable acceptability and corrective action is taken.
304.7101 CONTRACTS REQUIRING REVIEW AND APPROVAL.
(a) General. All contractual documents, regardless of dollar value,
are to be reviewed by the contracting officer prior to award, even if
the review and approval procedures prescribed in this section are
applicable. However, under no circumstances may the individual who signs
a contract instrument as contracting officer perform final review and
approval of that contract action if it, or any modification to it, is
expected to exceed the levels set forth in (b) (1) or (2) below.
(b) Required reviews and approvals. (1) Officials responsible for the
acquisition function in the Office of the Secretary, OPDIVs (except the
Public Health Service), and regional offices are to assure that sealed
bid or negotiated contracts, and/ or modifications to them, expected to
exceed $300,000, are reviewed and approved prior to award. In order to
assure the propriety of smaller dollar acquisitions, a statistically
significant sample of contract actions not expected to exceed $300,000
are to be reviewed and approved prior to award.
(2) Contract actions of the Public Health Service are to be reviewed
and approved prior to award in accordance with the dollar thresholds
stated in Subpart PHS 304.71. In order to (()) assure the property of
smaller dollar acquisitions, a statistically significant sample of
contract actions not expected to exceed those dollar thresholds
referenced in Subpart PHS 304.71 are to be reviewed and approved prior
to award.
(c) Reviewing officials. Officials assigned responsibility for review
and approval of contract actions must possess qualifications in the
field of acquisition commensurate with the level of review performed,
and, as a minimum, possess those acquisition skills expected of a
contracting officer. The following officials are responsible for
preaward contract review and approval:
Office of the Secretary -- Director, Division of Contract Operations
Office of Human Development Services -- Director, Grants and Contract
Management Division
Social Security Administration -- Director, Division of Acquisition
and Grants (may be delegated to the appropriate division director within
the Office of Acquisition and Grants)
Health Care Financing Administration -- Director, Division of
Procurement Services.
Public Health Service -- The reviewing official is designated in
Subpart PHS 304.71, as approved by the Director, ++NEW Office of
Acquisition and Grants Management. NEW++
However, if any of the officials are to serve as the contracting
officer and sign the contractual document, the review and approval
function shall be performed by an appropriate official at least one
level above.
(d) Regional offices. The Director, Regional Administrative Support
Center (RASC) is responsible for review and approval of contracts, or
modifications to them, expected to exceed $300,000 and executed by the
regional office's contracting staff. The RASC may obtain the advice of
the Regional Attorney in the review of proposed contract awards.
304.7102 CONDUCT OF THE REVIEW.
(a) General. Reviewing officials may solicit the participation of
specialists in various technical and administrative disciplines to aid
in the review. The method of the review is not prescribed here in order
to permit discretionary judgment in determining the depth to which
significant areas are to be examined.
(b) Contract file. The reviewer is to: (1) Determine that the
contract file constitutes an independent record, documented to provide a
complete chronology of actions related to all aspects of the
acquisition, and that the documentation is consistent with the
requirements of FAR 4.803;
(2) Determine that each contract file contains documentation or other
data (i. e., technical and business management evaluation, cost
advisory and audit reports, negotiation memorandum, etc.) sufficient to
explain and support the rationales, judgments, and authorities upon
which all decisions and actions were predicated; and
(3) Ascertain:
(i) If the proposed acquisition action is to be awarded by other than
full and open competition, that the documentation and approvals
supporting the decision are present in the contract file;
(ii) That proper publicizing of the proposed acquisition was made
pursuant to FAR Part 5;
(iii) That approval was obtained for any deviation from prescribed
contract clauses;
(iv) That sufficient competition was obtained, the competitive range
was appropriately determined, and oral or written discussions were
conducted with all firms in the competitive range;
(v) That all the rules set forth in FAR Part 14 were complied with
when the proposed award is a result of an IFB; and
(vi) That appropriate determinations and findings which justify the
type of contract and advance payments are a part of the contract file.
304.7103 APPROVALS.
(a) Awards are not to be made until approval is granted by the
reviewing official identified in 304.7101. All approvals are to be in
writing, except that when time is of the essence approval may be given
orally and subsequently confirmed in writing.
(b) The reviewing official shall not approve a proposed contract
award if a substantive issue (or issues) remains to be resolved.
However, in appropriate circumstances, the reviewing official may use
discretion and grant approval on a conditional basis and require the
contracting officer to submit follow-up written documentation that the
substantive issue has been resolved. This provides the reviewing
official the option to require the contracting officer to resolve the
substantive issue and submit documenting evidence before award approval
is given, or to grant conditional approval providing the substantive
issue is resolved before the contract is awarded and require the
contracting officer to submit documenting evidence either before or
after the award. The reviewing official also has the option to determine
the extent of documentation evidence to be submitted by the contracting
officer. This may range from complete resubmission of the contract file
to submission of a memorandum stating the contracting officer's actions
in resolving the substantive issue.
JURIS NOTE: LU 91.06 (10-31-91).
PART 304
HHS Acquisition Manual
PUBLICIZING CONTRACT ACTIONS
TABLE OF CONTENTS
SUBPART 305.2 -- SYNOPSIS OF PROPOSED CONTRACT ACTIONS
305.202 Exceptions
SUBPART 305.3 -- SYNOPSIS OF CONTRACT AWARDS
305.303 Announcement of contract awards.
SUBPART 305.5 -- PAID ADVERTISEMENTS
305.502 Authority
305.503 Procedures
SUBPART 305.2 -- SYNOPSIS OF PROPOSED CONTACT ACTIONS
305.202 EXCEPTIONS.
(a) RESERVED.
(b) When contracting office believes that it has a situation where
advance notice is not appropriate or reasonable, it shall prepare a
memorandum citing all pertinent facts and details and send it, through
normal acquisition channels, to the Director, Office of Acquisition and
Grants Management (DOAGM) requesting relief from synopsizing. The DOAGM
shall review the request and decide whether an exception to synopsizing
is appropriate or reasonable. If it is, the DOAGM shall take the
necessary coordinating actions required by FAR 5.202(b). Whatever the
decision is on the request, the DASPAL shall promptly notify the
contracting office when a determination has been made.
SUBPART 305.3 -- SYNOPSES OF CONTRACT AWARDS
305.303 ANNOUNCEMENT OF CONTRACT AWARDS
(a) Public announcement. Any contract, contract modification, or
delivery order in the amount of $1 million or more shall be reported by
the contracting officer to the Office of the Deputy Assistant Secretary
for Legislation (Congressional Liaison), Room 406G, Hubert H. Humphrey
Building. Notification shall be accomplished by providing a copy of the
contract or award document face page to the referenced office prior to
the day of award, or in sufficient time to allow for an announcement to
be made by ++NEW 5:00 p.m. Washington, D.C. time on the day of award.
NEW++
SUBPART 305.5 -- PAID ADVERTISEMENTS
305.502 AUTHORITY.
The contracting officer is authorized to publish advertisements,
notices, and contract proposals in newspapers and periodicals in
accordance with the requirements and conditions referenced in FAR
Subpart 5.5.
305.503 PROCEDURES.
Requests for acquisition of advertising shall be accompanied by
written authority to advertise or publish which sets forth justification
and includes the names of newspapers or journals concerned, frequency
and dates of proposed advertisements, estimated cost, and other
pertinent information. Paid advertisements shall be limited to the
publication of essential details of grant announcements, invitations for
bids, and requests for proposals, including those for the sale of
personal property, and for the recruitment of employees.
JURIS NOTE: LU 92.01 (Issue Date: 4-30-92)
SUBCHAPTER B -- COMPETITION AND ACQUISITION PLANNING
PART 305
HHS ACQUISITION MANUAL