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                              HHS Acquisition Regulations (HHSAR)
                              Part 301—HHS Acquisition Regulation System
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  HHS Acquisition Regulations
                                            
            
            Part 301—HHS Acquisition Regulation System
    
                                                  
                                            
            
      
      
      
      Part 302—Definitions of Words and Terms
    
                                                  
                                            
            
      
      
      
      Part 303—Improper Business Practices and Personal Conflicts of Interest
    
                                                  
                                            
            
      
      
      
      Part 304—Administrative Matters
    
                                                  
                                            
            
      
      
      
      Part 305—Publicizing Contract Actions
    
                                                  
                                            
            
      
      
      
      Part 306—Competition Requirements
    
                                                  
                                            
            
      
      
      
      Part 307—Acquisition Planning
    
                                                  
                                            
            
      
      
      
      Part 308—Required Sources of Supplies and Services
    
                                                  
                                            
            
      
      
      
      Part 309—Contractor Qualifications
    
                                                  
                                            
            
      
      
      
      Part 310—Market Research
    
                                                  
                                            
            
      
      
      
      Part 311—Describing Agency Needs
    
                                                  
                                            
            
      
      
      
      Part 312—Acquisition of Commercial Items
    
                                                  
                                            
            
      
      
      
      Part 314—Sealed Bidding
    
                                                  
                                            
            
      
      
      
      Part 315—Contracting by Negotiation
    
                                                  
                                            
            
      
      
      
      Part 316—Types of Contracts
    
                                                  
                                            
            
      
      
      
      Part 317—Special Contracting Methods
    
                                                  
                                            
            
      
      
      
      Part 319—Small Business Programs
    
                                                  
                                            
            
      
      
      
      Part 322—Application of Labor Laws to Government Acquisitions
    
                                                  
                                            
            
      
      
      
      Part 323—Renewable Energy Technologies, Occupational Safety
    
                                                  
                                            
            
      
      
      
      Part 324—Protection of Privacy and Freedom of Information
    
                                                  
                                            
            
      
      
      
      Part 326—Other Socioeconomic Programs
    
                                                  
                                            
            
      
      
      
      Part 327—Patents, Data, and Copyrights
    
                                                  
                                            
            
      
      
      
      Part 330—Cost Accounting Standards
    
                                                  
                                            
            
      
      
      
      Part 331—Contract Cost Principles and Procedures
    
                                                  
                                            
            
      
      
      
      Part 332—Contract Financing
    
                                                  
                                            
            
      
      
      
      Part 333—Protests, Disputes, and Appeals
    
                                                  
                                            
            
      
      
      
      Part 334—Major System Acquisition
    
                                                  
                                            
            
      
      
      
      Part 335—Research and Development Contracting
    
                                                  
                                            
            
      
      
      
      Part 336—Construction and Architect-Engineer Contracts
    
                                                  
                                            
            
      
      
      
      Part 337—Service Contracting—General
    
                                                  
                                            
            
      
      
      
      Part 339—Acquisition of Information Technology
    
                                                  
                                            
            
      
      
      
      Part 342—Contract Administration
    
                                                  
                                            
            
      
      
      
      Part 352—Solicitation Provisions and Contract Clauses
    
                                                  
                                            
            
      
      
      
      Part 370—Special Programs Affecting Acquisition
    
                                                  
                                            
            
      
      
      
      Subpart 313.3—Simplified Acquisition MethodsText resize icon

                    




Part 301—HHS Acquisition Regulation System








  
  
    

  
      





(SUBCHAPTER A—GENERAL)

**Sections:**

**Subpart 301.1—Purpose, Authority, and Issuance**

	301.101 Purpose.
		301.103 Authority.
		301.106 Office of Management and Budget approval under the Paperwork Reduction Act.
	**Subpart 301.2—[Reserved]**
	**Subpart 301.4—Deviations from the FAR**
	301.401 Deviations.
	**Subpart 301.6—Career Development, Contracting Authority, and Responsibilities**
	301.602 Contracting officers.
		301.602-3 Ratification of unauthorized commitments.
		301.603 Selection, appointment, and termination of appointment of contracting officers.
		301.603-1 GeneralAuthority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2).

Subpart 301.1—Purpose, Authority, and Issuance

301.101 Purpose.

(a) 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).

(b)(1) The HHSAR contains HHS policies that govern the acquisition process or otherwise control acquisition relationships between HHS’ contracting activities and contractors. The HHSAR contains—

(i) Requirements of law;

(ii) HHS-wide policies;

(iii) Deviations from FAQ requirements; and

(iv) Policies that have a significant effect beyond the internal procedures of HHS or a significant cost or administrative impact on contractors or offerors.

(2) Relevant internal procedures, guidance, and information not meeting the criteria in paragraph (b)(1) of this section are issued by HHS in other announcements, internal procedures, guidance, or information.

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301.103 Authority.

(b) The Assistant Secretary for Financial Resources (ASFR) prescribes the HHSAR 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. 121(c)(2)), as delegated by the Secretary).

(c) 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."

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301.106 Office of Management and Budget approval under the Paperwork Reduction Act.

(a) The Paperwork Reduction Act of 1980 (44 U.S.C 3501 *et seq.*) imposes a requirement on Federal agencies to obtain approval from the Office of Management and Budget (OMB) before collecting the same information from 10 or more members of the public.

(b) The following OMB control numbers apply to the information collection and recordkeeping requirements contained in this chapter:

HHSAR Segment
			OMB Control Number311.7102
			0990-0434311.7202(b)
			0990-0434311.7300
			0990-0436337.103(d)(3)
			0990-0430337.103(d)(4)
			0990-0433370.301
			0990-0431370.401
			0990-0432352.211-1
			0990-0434352.211-2
			0990-0434352.211-3
			0990-0436352.227-11
			0990-0419352.227-14
			0990-0419352.227-71
			0990-0430352.237-72
			0990-0433352.237-73
			0990-0431352.270-4a
			0990-0431352.270-4b
			0990-0431352.270-10
			0990-0431352.270-11
			0990-0432352.270-5a
			0990-0432352.270-5b
			0990-0432Back to top

Subpart 301.2—[Reserved]

Subpart 301.4—Deviations from the FAR

301.401 Deviations.

Contracting officers are not permitted to deviate from the FAR or HHSAR without seeking proper approval. With full acknowledgement of FAR 1.102(d) regarding innovative approaches, any deviation to FAR or the HHSAR requires approval by the Senior Procurement Executive (SPE).

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Subpart 301.6—Career Development, Contracting Authority, and Responsibilities

301.602 Contracting officers.

301.602-3 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 1.602-1. 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) The head of the contracting activity (HCA) is the official authorized to ratify an unauthorized commitment. No other re-delegations are authorized.

(c) **Limitations**. (5) The HCA shall coordinate the request for ratification with the Office of General Counsel, General Law Division and submit a copy to the SPE.

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301.603 Selection, appointment, and termination of appointment of contracting officers.

301.603-1 General.

(a) The Agency head has delegated broad authority to the Chief Acquisition Officer, who in turn has further delegated this authority to the SPE. The SPE has further delegated specific acquisition authority to the Operating and Staff Division heads and the HCAs. The HCA (non-delegable) shall select, appoint, and terminate the appointment of contracting officers.

(b) To ensure proper control of redelegated acquisition authorities, HCAs shall maintain a file containing successive delegations of HCA authority through the contracting officer level.

Other Sections of the HHSAR:

HHS Acquisition Regulations Table of Contents
	**Next Part:** Part 302 Definitions of Words and Terms

                    
  


Content created by Assistant Secretary for Financial Resources (ASFR) Content last reviewed July 27, 2022 Back to top
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