[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Rules and Regulations]
[Pages 12702-12703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6316]


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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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