[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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