Contract Clause to Implement the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (the “Leadership Act”), 10-17-2007

October 17, 2007

MEMORANDUM

TO:                  Heads of Contracting Activity

FROM:            Martin J. Brown  /s/

Deputy Assistant Secretary for Acquisition Management and Policy, ASAM/OAMP

SUBJECT:      Contract Clause to Implement the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (the “Leadership Act”)

This memorandum is to inform you that, effective immediately, HHS Contracting Officers are required to include the clause in Exhibit A (attached) in all solicitations and resultant contracts, and in existing contracts, in connection with the implementation of HIV/AIDS programs under the President’s Emergency Plan for AIDS Relief. 

This clause relates to the policy requirement expressed in 22 U.S.C. § 7631(f), which provides a funding condition that entities that receive Leadership Act funds have a policy explicitly opposing prostitution and sex trafficking (the “policy requirement”).  Such entities must pass down the policy requirement in all sub-agreements, including subcontracts.  The clause provides a very limited clarification regarding the policy requirement for certain contracts and subcontracts for specific types of items and services (“specified types of commercial contracts” as defined in Exhibit A).

We plan to formally incorporate the clause in our Calendar Year 2008 update to the HHS Acquisition Regulation.  If you have any questions on this matter, please contact Cheryl Howe on 202-690-5552, or at cheryl.howe@hhs.gov.