Content created by Assistant Secretary for Financial Resources (ASFR)
Note: This page shows only the HHSAR provisions and clauses associated with HHSAR parts that have been overhauled/deviated. Each HHSAR provision and clause will indicate the effective date and associated HHSAR class deviation. Please continue to monitor this page for updates.
Subpart 352.2—Texts of Provisions and Clauses
352.208-70 Printing and Duplication. (RFO DEVIATION)
352.211-1 Public Accommodations and Commercial Facilities. (RFO DEVIATION)
352.211-2 Conference Sponsorship Requests and Conference Materials Disclaimer. (RFO DEVIATION)
352.211-3 Paperwork Reduction Act. (RFO DEVIATION)
352.231-70 Salary Rate Limitation. (RFO DEVIATION)
352.236-70 Design-Build Contracts. (RFO DEVIATION)
Subpart 352.2—Texts of Provisions and Clauses
352.208-70 Printing and Duplication.
Effective Date: 02/07/2026 (see HHSAR CD 2026-02)
As prescribed in HHSAR 308.570, insert the following clause:
PRINTING AND DUPLICATION (FEB 2026) (RFO DEVIATION)
(a) Unless otherwise specified in this contract, no printing by the Contractor or any subcontractor is authorized under this contract. All printing required must be performed by the Government Printing Office except as authorized by the Contracting Officer. The Contractor must submit camera-ready copies to the Contracting Officer's Representative (COR). The terms “printing” and “duplicating/copying” are defined in the Government Printing and Binding Regulations of the Joint Committee on Printing.
(b) If necessary for performance of the contract, the Contractor may duplicate or copy less than 5,000 production units of only one page, or less than 25,000 production units in aggregate of multiple pages for the use of a department or agency. A production unit is defined as one sheet, size 8.5 x 11 inches, one side only, and one color. The pages may not exceed a maximum image size of 10 3⁄4 by 14 1⁄4 inches. This page limit applies to each printing requirement and not for all printing requirements under the entire contract.
(c) Approval for all printing, as well as duplicating/copying in excess of the stated limits, must be obtained from the COR who will consult with the designated publishing services office and provide direction to the contractor. The cost of any unauthorized printing or duplicating/copying under this contract will be considered an unallowable cost for which the Contractor will not be reimbursed.
(End of clause)
352.211-1 Public Accommodations and Commercial Facilities.
Effective Date: 11/21/2025 (see HHSAR CD 2026-01)
As prescribed in HHSAR 311.7102, the contracting officer must insert the following clause:
PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES (NOV 2025) (RFO DEVIATION)
The Contractor agrees as follows:
(a) Except for ad hoc meetings necessary or incidental to contract performance, the Contractor must develop a plan to assure that any event held pursuant to this contract will meet or exceed the minimum accessibility standards set forth in 28 CFR part 36—Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. The Contractor must submit the plan to the Contracting Officer and must receive approval prior to the event. The Contractor may submit a consolidated or master plan for contracts requiring numerous events in lieu of separate plans.
(b) The Contractor must manage the contract in accordance with the standards set forth in 28 CFR part 36.
(End of clause)
352.211-2 Conference Sponsorship Requests and Conference Materials Disclaimer.
Effective Date: 11/21/2025 (see HHSAR CD 2026-01)
As prescribed in HHSAR 311.7202, the Contracting Officer must insert the following clause:
CONFERENCE SPONSORSHIP REQUEST AND CONFERENCE MATERIALS DISCLAIMER (NOV 2025) (RFO DEVIATION)
(a) Prior to the Contractor claiming HHS conference sponsorship, the Contractor must submit a written request (including rationale) to the Contracting Officer for permission to claim such HHS sponsorship.
(b) The Contractor must include the following statement on conference materials, including promotional materials, agendas, and Web sites:
“This conference was funded, in whole or in part, through a contract (insert contract number) with the Department of Health and Human Services (HHS) (insert name of Division). The views expressed in written conference materials and by speakers and moderators at this conference, do not necessarily reflect the official policies of HHS, nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government.”
(c) Unless authorized in writing by the Contracting Officer, the Contractor must not display the HHS logo on any conference materials.
(d) The Contractor must not reference the product(s) or service(s) awarded under this contract in commercial advertising, as defined in FAR 31.205-1, in any manner which states or implies HHS approval or endorsement of the product(s) or service(s) provided.
(End of clause)
352.211-3 Paperwork Reduction Act.
Effective Date: 11/21/2025 (see HHSAR CD 2026-01)
As prescribed in HHSAR 311.7301, the contracting officer must insert the following clause:
PAPERWORK REDUCTION ACT (NOV 2025) (RFO DEVIATION)
(a) This contract involves 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; therefore, the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) must apply to this contract. No plan, questionnaire, interview guide or other similar device for collecting information (whether repetitive or single time) may be used without the Office of Management and Budget (OMB) first providing clearance. Contractors and the Contracting Officer's Representative must be guided by the provisions of 5 CFR part 1320, Controlling Paperwork Burdens on the Public, and seek the advice of the HHS operating division or Office of the Secretary Reports Clearance Officer to determine the procedures for acquiring OMB clearance.
(b) The Contractor must not expend any funds or begin any data collection until the Contracting Officer provides the Contractor with written notification authorizing the expenditure of funds and the collection of data. The Contractor must allow at least 120 days for OMB clearance. The Contracting Officer will consider excessive delays caused by the Government which arise out of causes beyond the control and without the fault or negligence of the Contractor in accordance with the Excusable Delays or Default clause of this contract.
(End of clause)
352.231-70 Salary Rate Limitation.
Effective Date: 02/07/2026 (see HHSAR CD 2026-02)
As prescribed in HHSAR 331.170(c), insert the following clause:
SALARY RATE LIMITATION (FEB 2026) (RFO DEVIATION)
(a) The Contractor must not use contract funds to pay the direct salary of an individual at a rate in excess of the Federal Executive Schedule Level II in effect on the date the funding was obligated.
(b) For purposes of the salary rate limitation, the terms “direct salary,” “salary,” and “institutional base salary,” have the same meaning and are collectively referred to as “direct salary,” in this clause. An individual's direct salary is the annual compensation that the Contractor pays for an individual's direct effort (costs) under the contract. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor. Direct salary also excludes fringe benefits, overhead, and general and administrative expenses (also referred to as indirect costs or facilities and administrative costs). The salary rate limitation does not restrict the salary that an organization may pay an individual working under a Department of Health and Human Services (HHS) contract or order; it merely limits the portion of that salary that may be paid with contract funds.
(c) The salary rate limitation also applies to individuals under subcontracts.
(d) If this is a multiple-year contract or order, it may be subject to unilateral modification by the Contracting Officer to ensure that an individual is not paid at a rate that exceeds the salary rate limitation provision established in the HHS appropriations act used to fund this contract.
(e) See the salaries and wages pay tables on the Office of Personnel Management web site for Federal Executive Schedule (EX) salary levels at www.opm.gov.
(f) The Contractor must insert the substance of this clause, including this paragraph (f), in all subcontracts.
(End of clause)
352.236-70 Design-Build Contracts.
Effective Date: 02/07/2026 (see HHSAR CD 2026-02)
As prescribed in HHSAR 336.101-70, insert the following clause:
DESIGN-BUILD CONTRACTS (FEB 2026) (RFO DEVIATION)
(a) General.
(1) The contract constitutes and defines the entire agreement between the Contractor and the Government. This contract includes the standard or special contract clauses and schedules included at the time of award. This contract incorporates by reference:
(i) The solicitation in its entirety (with the exception of instructions to offerors and evaluation criteria which do not become part of the award document);
(ii) The specifications and statement of work;
(iii) All drawings, cuts and illustrations, included in the solicitation and any amendments during all proposal phases leading up to award;
(iv) Exhibits and other attachments; and
(v) The successful Offeror's accepted proposal.
(2) In the event of conflict or inconsistency between any of the requirements of the various portions of this contract, precedence must be given in the following order:
(i) Betterments: Any portions of the Offeror's proposal which exceed the requirements of the solicitation and which go beyond repair and improve the value of the property.
(ii) The contract clauses and schedules included during the solicitation or at the time of award.
(iii) All requirements (other than betterments) of the accepted proposal.
(iv) Any design products, including but not limited to plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and are not part of the contract itself.
(3) Design products must conform to all requirements of the contract, in the order of precedence stated here.
(b) Responsibility of the contractor for design. The Contractor's responsibilities include the responsibilities of the Architect-Engineer Contractor, as specified in RFO FAR 52.236-23.
(c) Sequence of design—construction.
(1) After receipt of the Contract Award, the Contractor must initiate design, comply with all design submission requirements, and obtain Government review of each submission. No construction may be started until the Government reviews the Final Design submission and determines it satisfactory for purposes of beginning construction. The Contracting Officer will notify the Contractor when the design is cleared for construction. The Government will not grant any time extension for any design resubmittal required when, in the opinion of the Contracting Officer, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.
(2) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for any completed or in-progress construction related to the pending revisions until they are completed, resubmitted, and are satisfactory to the Government.
(3) No payment will be made for any completed or in-progress construction until all required submittals have been made, reviewed, and are satisfactory to the Government.
(d) Constructor's role during design. The Contractor's construction management key personnel must be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the constructor's involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits, if any, allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction Quality Control (QC) program with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation. The Contractor must require and manage the active involvement of key trade subcontractors in the above activities.
(e) Payment for design under fixed-price design-build contracts.
(1) The Contracting Officer may approve progress payments for work performed during the project design phase up to the maximum amount of ____ (Contracting Officer to insert percent figure. If none stated, the amount is four (4) percent) percent of the contract price.
(2) Contractor invoices for payment must be accompanied by satisfactory documentation supporting the amounts for which payments are requested. Progress payments approved by the Contracting Officer during the project design phase in no way constitute an acceptance of functional and aesthetic design elements nor acceptance of a final settlement amount in the event of a buy-out nor a waiver of any contractual requirements.
(f) Unscheduled jobsite shutdowns. Due to security reasons during the life of this contract the Government may on an unscheduled basis require the contractor to shut down its jobsite for 2 days per year at no additional cost. This does not constitute a suspension of work under FAR 52.242-14, Suspension of Work.
(End of clause)