Federal Acquisition Regulation; Collection of Historically Black Colleges and Universities/ Minority Institutions Award Data

SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council are proposing to amend the Federal

Acquisition Regulation (FAR) to implement Executive Order 12928, which

states that agencies will provide periodic reporting on their progress

made in awards to Historically Black Colleges and Universities and

Minority Institutions. This regulatory action was not subject to Office

of Management and Budget review under Executive Order 12866, dated

September 30, 1993. This is not a major rule under 5 U.S.C. 804.

DATES: Comments should be submitted on or before August 19, 1996 to be

considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: -

General Services Administration, FAR Secretariat (MVRS), 18th & F

Streets, NW, Room 4037, Washington, DC 20405.

Please cite FAR case 95-306 in all correspondence related to this

case.

FOR FURTHER INFORMATION CONTACT: Ms. Linda Klein at (202) 501-3775 in

reference to this FAR case. For general information, contact the FAR

Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-

4755. Please cite FAR case 95-306.

SUPPLEMENTARY INFORMATION:

A. Background

This proposed rule adds a new subpart to FAR Part 26 and a

solicitation provision to Part 52 to implement Executive Order 12928,

which states that agencies will provide periodic reporting on their

progress made in awards to Historically Black Colleges and Universities

and Minority Institutions.

B. Regulatory Flexibility Act

This proposed rule is not expected to have a significant economic

impact on a substantial number of small entities within the meaning of

the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule

primarily pertains to Government reporting requirements and merely

requires offerors to provide certain identification information with

their offers. An Initial Regulatory Flexibility Analysis has,

therefore, not been performed. Comments from small entities concerning

the affected FAR subpart will be considered in accordance with 5 U.S.C.

610 of the Act. Such comments must be submitted separately and should

cite 5 U.S.C. 601, et seq. (FAR case 95-306), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the proposed

changes to the FAR do not impose recordkeeping or information

collection requirements, or collections of information from offerors,

contractors, or members of the public which require the approval of the

Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 26 and 52

Government procurement.

Dated: June 6, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, it is proposed that 48 CFR Parts 26 and 52 be amended as

set forth below:-

1. The authority citation for 48 CFR Parts 26 and 52 continues to

read as follows:

-Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42

U.S.C. 2473(c).

PART 26-OTHER SOCIOECONOMIC PROGRAMS-

2. Part 26 is amended by adding Subpart 26.2 to read as follows:

Subpart 26.2--Historically Black Colleges and Universities and Minority

Institutions

Sec.

26.200 Scope of subpart.

26.201 Definitions.

26.202 General policy.

26.203 Data collection and reporting requirements.

26.204 Solicitation provision.

Subpart 26.2--Historically Black Colleges and Universities and

Minority Institutions

26.200 Scope of subpart.

(a) This subpart implements the provisions of Executive Order 12928

of September 16, 1994, which promote participation of Historically

Black Colleges and Universities (HBCU) and Minority Institutions (MI)

in Federal procurement.-

(b) This subpart does not pertain to contracts performed entirely

outside the United States, its possessions, Puerto Rico, and the Trust

Territory of the Pacific Islands.

26.201 Definitions.

As used in this subpart--

Historically Black College or University means an institution

determined by the Secretary of Education to meet the requirements of 34

CFR 608.2.-

Minority Institution means an institution of higher education

meeting the requirements of Section 1046(3) of the Higher Education Act

of 1965 (20 U.S.C. 1135d-5(3)) which for the purpose of this subpart

includes a Hispanic-serving institution of higher education as defined

in Section 316(b)(1) of the Act (20 U.S.C. 1059c(b)(1)).

26.202 General policy.-

It is the policy of the Government to promote participation of

HBCUs and MIs in Federal procurement.

26.203 Data collection and reporting requirements.-

Executive Order 12928 requires periodic reporting to the President

on the progress of departments and agencies in complying with the laws

and requirements mentioned in the Executive Order.

26.204 Solicitation provision.-

The contracting officer shall insert the provision at 52.226-xx,

Historically Black College or University and Minority Institution

Representation, in solicitations exceeding the micropurchase threshold,

for research, studies, supplies or services of the type normally

acquired from higher educational institutions.

Part 52--Solicitation Provisions and Contract Clauses

3. Section 52.226-xx is added to read as follows:

[[Page 31793]]

52.226-xx Historically Black College or University and Minority

Institution Representation.

As prescribed in 26.204, insert the following provision:

Historically Black College or University and Minority Institution

Representation (Date) -

(a) Definitions. -

Historically Black College or University means an institution

determined by the Secretary of Education to meet the requirements of

34 CFR 608.2.-

Minority Institution means an institution of higher education

meeting the requirements of Section 1046(3) of the Higher Education

Act of 1965 (20 U.S.C. 1135(d)-5(3)) which for the purpose of this

subpart includes a Hispanic-serving institution of higher education

as defined in Section 316(b)(1) of the Act (20 U.S.C. 1059c(b)(1)).-

(b) Representation. The offeror represents that it--

-{time} is, {time} is not a Historically Black College or

University;-

{time} is, {time} is not a Minority Institution.

(End of provision)

[FR Doc. 96-14842 Filed 6-19-96; 8:45 am]

BILLING CODE 6820-EP-P