Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2).
Subpart 316.3—Cost-reimbursement Contracts
(a)(1) If a contract for research and development is with a hospital (profit or nonprofit), the contracting officer shall modify the “Allowable Cost and Payment” clause at
FAR 52.216-7 by deleting from paragraph (a) the words “Federal Acquisition Regulation (FAR)
subpart 31.2” and substituting “45 CFR part 75.”
(2) The contracting officer shall also insert the clause at
352.216-70, Additional Cost Principles for Hospitals (Profit or Non-Profit), in solicitations and contracts with a hospital (profit or non-profit) when a cost-reimbursement contract is contemplated.
Subpart 316.5—Indefinite-Delivery Contracts
(b)(8) The Department of Health and Human Services (HHS) Competition Advocate is the task-order and delivery-order ombudsman for the department. Ombudsmen for each of the HHS contracting activities shall be designated in writing by the head of the contracting activity. See
Subpart 316.6—Time-and-Materials, Labor-Hour, and Letter Contracts
An official one level above the contracting officer shall make the written determination, to be included in the contract file, that no other contract type is suitable and to approve all letter contract modifications. No letter contract or modification can exceed the limits prescribed in