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HHSAR Part 352--Solicitation Provisions and Contract Clauses


Part 352--Solicitation Provisions and Contract Clauses


Part 352--Solicitation Provisions and Contract Clauses

Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2).

[Changed by APM 2010-01]

[Changed by FAC 2005-45]

[Technical Correction 09-2010]

Subpart 352.1--Instructions for Using Provisions and Clauses

352.100 Scope of subpart.

This subpart provides guidance for applying HHS provisions and clauses in solicitations, contracts, and orders.

352.101-70 Application of provisions and clauses.

(a) Unless otherwise qualified (e.g., by the type of contract contemplated, the nature of the requirement, or dollar amount) in a prescription for a solicitation provision or contract clause specified in Part 352 or elsewhere in the HHSAR, the term “contract” means—

(1) An award, including modifications thereunder, that exceeds the simplified acquisition threshold, including a task order or delivery order, whether placed under a GSA FSS contract, an IDIQ contract, a GWAC, or a BPA, and a purchase order placed under the authority of FAR subpart 13.5); and

(2) A bilateral award – i.e., when both the Contracting Officer and the contractor sign the award document, that exceeds the micro-purchase threshold but which does not exceed the simplified acquisition threshold.

(b) When the term “order” is specified in a prescription for a solicitation provision or order clause, it means an order that exceeds the micro-purchase threshold but which does not exceed the simplified acquisition threshold, except those bilateral awards specified in (a)(2) above.

(c) If a clause is included in the master instrument (e.g., in an IDIQ contract or a BPA), it is not necessary to also include the clause in a task order or delivery order thereunder.

(d) When a dollar amount or dollar threshold is specified (e.g., $25 million or simplified acquisition threshold), the dollar amount of the award (contract or order) includes any options thereunder.

Subpart 352.2--Texts of Provisions and Clauses

352.201-70 Paperwork Reduction Act.

As prescribed in 301.106(c), the Contracting Officer shall insert the following clause:

Paperwork Reduction Act (January 2006)

352.202-1 Definitions.

As prescribed in FAR 2.201, the Contracting Officer shall insert the clause in FAR 52.202-1, Definitions, as revised by 302.201:

Definitions (January 2006)

(a) In accordance with 52.202–1(a)(1), substitute the following as paragraph (a):

352.203-70 Anti-lobbying.

As prescribed in 303.808-70, the Contracting Officer shall insert the following clause:

352.215-1 Instructions to offerors--competitive acquisition.

As prescribed in 315.209, the Contracting Officer shall insert the following paragraph (e) in the provision in FAR 52.215-1, Instructions to Offerors – Competitive Acquisition:

352.215-70 Late proposals and revisions.

As prescribed in 315.208, the Contracting Officer shall insert the following provision:

352.216-70 Additional cost principles.

As prescribed in 316.307(j), the Contracting Officer shall insert the following clause:

352.219-70 Mentor-protege program.

As prescribed in 319.270-1(a), the Contracting Officer shall insert the following provision:

(End of provision)

352.219-71 Mentor-protege program reporting requirements.

As prescribed in 319.270-1(b), the Contracting Officer shall insert the following clause:

Mentor-Protege Program Reporting Requirements (January 2010)

352.222-70 Contractor cooperation in equal employment opportunity investigations.

As prescribed in 322.810(h), the Contracting Officer shall insert the following clause:

(End of clause)

352.223-70 Safety and health.

As prescribed in 323.7002(a), the Contracting Officer shall insert the following clause:

352.224-70 Privacy Act.

As prescribed in 324.103(b)(2), the Contracting Officer shall insert the following clause:

352.227-70 Publications and publicity.

As prescribed in 327.404-70, the Contracting Officer shall insert the following clause:

352.228-7 Insurance – liability to third persons.

As prescribed in 328.311-2, the Contracting Officer shall insert the following clause and either Alternate I or II, as appropriate:

Insurance--Liability to Third Persons (December 1991)

Alternate I (April 1984). If the successful offeror represents in its offer that it is partially immune from tort liability as a State agency, the Contracting Officer shall add the following paragraph (h) to the basic clause:
(h) Notwithstanding paragraphs (a) and (c) of this clause—

Alternate II (April 1984). If the successful offeror represents in its offer that it is totally immune from tort liability as a State agency, the Contracting Officer shall substitute the following paragraphs (a) and (b) for paragraphs (a) and (b) of the basic clause:

352.231-70 Salary rate limitation.

As prescribed in 331.101-70(b), the Contracting Officer shall insert the following clause:

352.231-71 Pricing of adjustments.

As prescribed in 331.102-70, the Contracting Officer shall insert the following clause:

352.232-70 Incremental funding.

As prescribed in 332.705-2(b)(1), the Contracting Officer shall insert the provision provided below in all solicitations when a cost-reimbursement contract for severable services using incremental funding is contemplated.

352.232-71 Estimated cost - incrementally funded contract.

As prescribed in 332.705-2(b)(2), the Contracting Officer shall insert the clause provided below in “Section B: Supplies or Services and Prices/Costs” in all cost-reimbursement contracts for severable services using incremental funding. The Contracting Officer must insert applicable information as shown below, including information about the planned periods or other increments of performance and their associated funding. The Contracting Officer also may revise the language to reflect the specific type of cost-reimbursement contract awarded (e.g., cost-plus-fixed-fee, cost-plus-award-fee).

352.232-72 Limitation of Government’s obligation.

As prescribed in 332.705-2(b)(3), insert the following clause in solicitations and resultant incrementally funded fixed-price, time and materials or labor-hour contracts for severable services:

CLIN, Task Number. or Description

Start Date of Period or Increment of Performance

End Date of Period or Increment of Performance

Fixed Price or Contract Ceiling

($)

       
       
       
       
     

[Total]

352.233-70 Choice of law (overseas)

As prescribed in 333.215-70(a), the Contracting Officer shall insert the following clause:

Choice of Law (Overseas) (January 2010)

352.233-71 Litigation and claims.

As prescribed in 333.215-70(b), the Contracting Officer shall insert the following clause:

Litigation and Claims (January 2006)

352.234-1 Notice of earned value management system – pre-award Integrated Baseline Review.

As prescribed in 334.203-70(a), the Contracting Officer shall insert the following provision:

352.234-2 Notice of earned value management system – post-award Integrated Baseline Review.

As prescribed in 334.203-70(b), the Contracting Officer shall insert the following provision:

(d) HHS will conduct an Integrated Baseline Review after contract award.

(End of provision)

352.234-3 Full earned value management system.

As prescribed in 334.203-70(c), the Contracting Officer shall insert the following clause:

Full Earned Value Management System (October 2008)

(End of clause)

Alternate I (October 2008)

As prescribed in 334.203-70(c), the Contracting Officer shall substitute the following paragraphs (a), (b), and (c) for paragraphs (a), (b), and (c) of the basic clause and delete paragraph (e) of the basic clause:

(1) Apply the current system to the contract; and

352.234-4 Partial earned value management system.

As prescribed in 334.203-70(d), the Contracting Officer shall insert the following clause:

Partial Earned Value Management System (October 2008)

(End of clause)

Alternate I (October 2008)

As prescribed in 334.203-70(d), the Contracting Officer shall substitute the following paragraphs (a), (b), and (c) for paragraphs (a), (b), and (c) of the basic clause and delete paragraph (e) of the basic clause:

352.237-70 Pro-Children Act.

As prescribed in 337.103-70(a), the Contracting Officer shall insert the following clause:

352.237-71 Crime Control Act—reporting of child abuse.

As prescribed in 337.103-70(b), the Contracting Officer shall insert the following clause:

Crime Control Act of 1990—Reporting of Child Abuse (January 2006)

352.237-72 Crime Control Act—requirement for background checks.

As prescribed in 337.103-70(c), the Contracting Officer shall insert the following clause:

352.239-70 Standard for security configurations.

As prescribed in 339.101(d)(1), the Contracting Officer shall insert the following clause:

352.239-71 Standard for encryption language.

As prescribed in 339.101(d)(2), the Contracting Officer shall insert the following clause:

352.239-72 Security requirements for federal information technology resources.

As prescribed in 339.7103, the Contracting Officer shall insert the following clause:

Security Requirements for Federal Information Technology Resources
(January 2010)

352.239-73 Electronic information and technology accessibility.

(a) As prescribed in 339.201–70(a), the Contracting Officer shall insert the following provision:

Electronic and Information Technology Accessibility (January 2010)

(End of provision)

(b) As prescribed in 339.201–70(b), the Contracting Officer shall insert the following clause:

Electronic and Information Technology Accessibility (January 2010)

(c) As prescribed in 339.201–70(c), the Contracting Officer shall add the following paragraph to the end of clause 352.239-73(b):

Schedule for Contractor Submission of Section 508 Annual Report

(to be completed by the Contracting Officer at time of contract/order award)

352.242-70 Key personnel.

As prescribed in 342.302(c)(2), the Contracting Officer shall insert the following clause:

352.242-71 Tobacco-free facilities.

As prescribed in 342.302(c)(3), the Contracting Officer shall insert the following clause:

(End of clause)

352.242-72 Native American Graves Protection and Repatriation Act.

As prescribed in 342.302(c)(4), the Contracting Officer shall insert the following clause:

352.242-73 Withholding of contract payments.

As prescribed in 342.7003-1(a), the Contracting Officer shall insert the following clause:
Withholding of Contract Payments (January 2006)

352.242-74 Final decisions on audit findings.

As prescribed in 342.7003-1(b), the Contracting Officer shall insert the following clause:

352.270-1 Accessibility of meetings, conferences, and seminars to persons with disabilities.

As prescribed in 370.102(a), the Contracting Officer shall insert the following clause:

352.270-2 Indian preference.

As prescribed in 370.202(a), the Contracting Officer shall insert the following clause:

352.270-3 Indian preference program.

As prescribed in 370.202(b), the Contracting Officer shall insert the following clause:

Indian Preference Program (January 2006)

(5) Maintain written records under this contract which indicate—

(ii) The number and types of positions filled by Indians and non-Indians;

(iii) The total number of Indians employed under this contract;

(b) For purposes of this clause, the following definitions of terms shall apply:

352.270-4 Protection of human subjects.

(a) As prescribed in 370.303(a), the Contracting Officer shall insert the following provision:

Notice to Offerors of Requirements of 45 CFR Part 46,
Protection of Human Subjects (January 2006)

(b) As prescribed in 370.304(a), the Contracting Officer shall insert the following clause:

352.270-5 Care of laboratory animals.

(a) As prescribed in 370.403(a), the Contracting Officer shall insert the following provision:

Notice to Offerors of Requirement for Compliance with the Public Health Service Policy on Humane Care and Use of Laboratory Animals
(January 2006)

(b) As prescribed in 370.404, the Contracting Officer shall insert the following clause:

352.270-6 Restriction on use of human subjects.

As prescribed in 370-304(b), the Contracting Officer shall insert the following clause:

352.270-7 Conference sponsorship request and conference materials disclaimer.

As prescribed in 370.602, the Contracting Officer shall insert the following clause:

Conference Sponsorship Request and Conference Materials Disclaimer
(January 2010)

352.270-8 Prostitution and related activities.

As prescribed in 370.701, the Contracting Officer shall insert the following clause:

352.270-9 Non-discrimination for conscience.

As prescribed in 370.702, the Contracting Officer shall insert the following provision:

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