31792 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Proposed Rules

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 26 and 52

[FAR Case 95–306]

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: Proposed rule.

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:
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Proposed Rules 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 Hispanicserving 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—

b is, b is not a Historically Black College or

University;

b is, b is not a Minority Institution.

(End of provision)

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

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