DATE: January 17, 2001

SUBJECT: Department of Health and Human Services Acquisition Regulation (HHSAR) Rewrite

SOURCE: Federal Register, January 17, 2001, Vol. 66, No. 11, page 4219

AGENCIES: Department of Health and Human Services (HHS)

ACTION: Final Rule

SYNOPSIS: HHS is rewriting its HHSAR to streamline and simplify it. The rewritten HHSAR has eliminated procedural guidance which is too encumbering for a simplified system, and it empowers management and contracting personnel successfully accomplish their mission with the least amount of resistance and oversight.

EDITOR'S NOTE: The HHSAR is Chapter 3 of Title 48 of the Code of Federal Regulations (CFR).

EFFECTIVE DATE: January 17, 2001.

FOR FURTHER INFORMATION CONTACT: E. S. Lanham, Office of Acquisition Management, 202-690-7590.

SUPPLEMENTAL INFORMATION: The HHSAR is completely rewritten to bring it up-to-date to reflect statutory changes and to conform to the current Federal Acquisition Regulation (FAR) (the HHSAR was last amended in 1992), and to simplify and streamline its procedures. HHS says in the introductory material to the HHSAR that it "is not making significant amendments to the existing HHSAR. The amendments being made to the HHSAR concern internal procedural matters which are administrative in nature, and will not have a major effect on the general public, or to contractors or offerors of the Department. The majority of the amendments eliminate procedural guidance no longer deemed necessary, or change contracting review and approval authorities to situate them at levels more appropriate to simplification, streamlining, and empowerment."

The HHSAR now contains the following parts:

      301 -- HHS Acquisition Regulation System
      302 -- Definitions of Words and Terms
      303 -- Improper Business Practices and Personal Conflicts of Interest
      304 -- Administrative Matters
      305 -- Publicizing Contract Actions
      306 -- Competition Requirements
      307 -- Acquisition Planning
      309 -- Contractor Qualifications
      313 -- Simplified Acquisition Procedures
      314 -- Sealed Bidding
      315 -- Contracting by Negotiation
      316 -- Types of Contracts
      317 -- Special Contracting Methods
      319 -- Small Business Programs
      323 -- Environment, Conservation, Occupational Safety, and Drug-Free Workplace
      324 -- Protection of Privacy and Freedom of Information
      325 -- Foreign Acquisition
      328 -- Bonds and Insurance
      330 -- Cost Accounting Standards Administration
      332 -- Contract Financing
      333 -- Protests, Disputes, and Appeals
      334 -- Major System Acquisition
      335 -- Research and Development Contracting
      342 -- Contract Administration
      352 -- Solicitation Provisions and Contract Clauses
      353 -- Forms
      370 -- Special Programs Affecting Acquisition

Removed from the HHSAR are the following parts:

      320 -- Labor Surplus Area Concerns
      322 -- Application of Labor Laws to Government Acquisitions
      337 -- Service Contracting
      339 -- Management, Acquisition, and Use of Information Resources
      345 -- Government Property
      Appendix A -- Public Health Service (much of the material in Appendix A has been incorporated into HHSAR Part 370)

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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