Overview
FAR Subpart 26.3 implements Executive Order 12928, establishing the federal policy to increase the participation of Historically Black Colleges and Universities (HBCUs) and Minority Institutions (MIs) in government procurement. It focuses on integrating these institutions into the federal supply chain, particularly for research, studies, and services typically provided by higher education entities.
Key Rules
- Scope Limitation: These regulations do not apply to contracts performed entirely outside of the United States and its outlying areas.
- Mandatory Provision: Contracting Officers must include the provision at 52.226-2 (Historically Black College or University and Minority Institution Representation) in solicitations that meet specific criteria.
- Threshold & Type: The requirement applies to solicitations exceeding the micro-purchase threshold for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
- Reporting Requirements: Federal agencies are mandated to collect data and provide periodic progress reports to the President regarding their compliance with Executive Order 12928.
Responsibilities
- Contracting Officers (COs): Responsible for ensuring the correct solicitation provisions are inserted in qualifying contracts and verifying the self-representation of institutions.
- Federal Agencies and Departments: Responsible for tracking procurement data and reporting the level of HBCU/MI participation to the Executive Branch.
- HBCUs and Minority Institutions: Responsible for representing their status to the government using the criteria provided in the solicitation provisions to qualify for these programs.
Practical Implications
- Market Research: When performing market research for academic, scientific, or social research projects, Contracting Officers should proactively identify HBCUs and MIs to satisfy the policy's intent of promoting participation.
- Self-Certification: Unlike some small business categories that require SBA certification, this subpart relies on the representation provision (52.226-2), meaning institutions must be prepared to self-identify accurately during the proposal process.
- Broader Than Research: While often associated with R&D, the subpart explicitly includes "supplies or services" normally acquired from universities, which could include specialized training, technical assistance, or laboratory testing services.
- Audit and Compliance: Agencies must maintain robust data systems to meet the reporting requirements of Executive Order 12928; failure to include the proper provisions can lead to inaccurate reporting of agency socio-economic goal achievements.