[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Proposed Rules]
[Pages 31792-31793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14842]
[[Page 31791]]
_______________________________________________________________________
Part VII
Department of the Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Parts 26 and 52
Federal Acquisition Regulation; Collection of Historically Black
Colleges and Universities/Minority Institutions Award Data; Proposed
Rule
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 /
Proposed Rules
[[Page 31792]]
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.
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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:
[[Page 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 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. 96-14842 Filed 6-19-96; 8:45 am]
BILLING CODE 6820-EP-P
