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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 26 and 52

[FAC 90-46; FAR Case 95-306; Item VII]

RIN 9000-AH02

Federal Acquisition Regulation; Collection of Historically Black

Colleges and Universities/Minority Institutions Award Data

AGENCIES: Department of Defense (DOD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council have agreed on a final rule amending

the Federal Acquisition Regulation (FAR) to implement Executive Order

12928, which requires agencies to provide periodic reporting on the

progress made in award of contracts 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: Effective May 16, 1997.

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 FAC 90-46, FAR case 95-306.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends FAR Parts 26 and 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. The rule contains a new FAR

subpart and solicitation provision.

A proposed rule was published in the Federal Register at 61 FR

31792, June 20, 1996. Five sources submitted comments in response to

the proposed

[[Page 12703]]

rule. All comments were considered in the development of the final

rule.

B. Regulatory Flexibility Act

The Department of Defense, the General Services Administration, and

the National Aeronautics and Space Administration certify that this

final rule will not 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 when responding

to a solicitation.

C. Paperwork Reduction Act

The Paperwork Reduction Act is deemed to apply because the final

rule contains a new information collection requirement. Accordingly, a

request for approval of a new information collection requirement has

been submitted to the Office of Management and Budget under 44 U.S.C.

3501, et seq. Public comments concerning this request were invited

through a Federal Register notice published on January 16, 1997.

List of Subjects in 48 CFR Parts 26 and 52

Government procurement.

Dated: March 7, 1997.

Edward C. Loeb,

Director, Federal AcquisitionPolicy Division.

Therefore, 48 CFR Parts 26 and 52 are 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. Subpart 26.3, consisting of sections 26.300 through 26.304, is

added to read as follows:

Subpart 26.3--Historically Black Colleges and Universities and

Minority Institutions

Sec.

26.300 Scope of subpart.

26.301 Definitions.

26.302 General policy.

26.303 Data collection and reporting requirements.

26.304 Solicitation provision.

26.300 Scope of subpart.

(a) This subpart implements Executive Order 12928 of September 16,

1994, which promotes participation of Historically Black Colleges and

Universities (HBCUs) and Minority Institutions (MIs) 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.

26.301 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. For DoD, NASA, and the Coast Guard, the term also includes

any nonprofit research institution that was an integral part of such a

college or university before November 14, 1986.

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)).

26.302 General policy.

It is the policy of the Government to promote participation of

HBCUs and MIs in Federal procurement.

26.303 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.

26.304 Solicitation provision.

The contracting officer shall insert the provision at 52.226-2,

Historically Black College or University and Minority Institution

Representation, in solicitations exceeding the micro-purchase

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 52.226-2 is added to read as follows:

52.226-2 Historically Black College or University and Minority

Institution Representation.

As prescribed in 26.304, insert the following provision:

HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY INSTITUTION

REPRESENTATION (MAY 1997)

(a) Definitions. As used in this provision--Historically Black

College or University means an institution determined by the

Secretary of Education to meet the requirements of 34 CFR 608.2. For

the Department of Defense, the National Aeronautics and Space

Administration, and the Coast Guard, the term also includes any

nonprofit research institution that was an integral part of such a

college or university before November 14, 1986.

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

provision, 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. 97-6316 Filed 3-14-97; 8:45 am]

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