48 C.F.R. PART 226—OTHER SOCIOECONOMIC PROGRAMS
Title 48 - Federal Acquisition Regulations System
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Source: 56 FR 36388, July 31, 1991, unless otherwise noted.
Follow the procedures at PGI 226.103 when submitting a request for funding of an Indian incentive. 70 FR 73149, Dec. 9, 2005] Use the clause at 252.226–7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns, in solicitations and contracts for supplies or services exceeding $500,000 in value. [68 FR 56562, Oct. 1, 2003, as amended at 69 FR 55991, Sept. 17, 2004] Source: 70 FR 73149, Dec. 9, 2005, unless otherwise noted.
This section implements the historically black college and university (HBCU) and minority institution (MI) provisions of 10 U.S.C. 2323. Definitions of HBCUs and MIs are in the clause at 252.226–7000, Notice of Historically Black College or University and Minority Institution Set-Aside. DoD will use outreach efforts, technical assistance programs, advance payments, HBCU/MI set-asides, and evaluation preferences to meet its contract and subcontract goals for use of HBCUs and MIs. Set aside acquisitions for exclusive HBCU and MI participation when the acquisition is for research, studies, or services of the type normally acquired from higher educational institutions and there is a reasonable expectation that— (a) Offers will be submitted by at least two responsible HBCUs or MIs that can comply with the subcontracting limitations in the clause at FAR 52.219–14, Limitations on Subcontracting; (b) Award will be made at not more than 10 percent above fair market price; and (c) Scientific or technological talent consistent with the demands of the acquisition will be offered. (a) As a general rule, use competitive negotiation for HBCU/MI set-asides. (b) When using a broad agency announcement (FAR 35.016) for basic or applied research, make partial set-asides for HBCU/MIs as explained in 235.016. (c) Follow the special synopsis instructions in 205.207(d). Interested HBCU/MIs must provide evidence of their capability to perform the contract, and a positive statement of their eligibility, within 15 days of publication of the synopsis in order for the acquisition to proceed as an HBCU/MI set-aside. (d) Cancel the set-aside if the low responsible offer exceeds the fair market price (defined in FAR part 19) by more than 10 percent. (a) To be eligible for award as an HBCU or MI under the preference procedures of this subpart, an offeror must— (1) Be an HBCU or MI, as defined in the clause at 252.226–7000, Notice of Historically Black College or University and Minority Institution Set-Aside, at the time of submission of its initial offer including price; and (2) Provide the contracting officer with evidence of its HBCU or MI status upon request. (b) The contracting officer shall accept an offeror's HBCU or MI status under the provision at FAR 52.226–2, Historically Black College or University and Minority Institution Representation, unless— (1) Another offeror challenges the status; or (2) The contracting officer has reason to question the offeror's HBCU/MI status. (A list of HBCU/MIs is published periodically by the Department of Education.) Any offeror or other interested party may challenge an offeror's HBCU or MI representation by filing a protest with the contracting officer. The protest must contain specific detailed evidence supporting the basis for the challenge. Such protests are handled in accordance with FAR 33.103 and are decided by the contracting officer. (a) In reviewing subcontracting plans submitted under the clause at FAR 52.219–9, Small Business Subcontracting Plan, the contracting officer shall— (1) Ensure that the contractor included anticipated awards to HBCU/MIs in the small disadvantaged business goal; and (2) Consider whether subcontracts are contemplated that involve research or studies of the type normally performed by higher educational institutions. (b) The contracting officer may, when contracting by negotiation, use in solicitations and contracts a clause similar to the clause at FAR 52.219–10, Incentive Subcontracting Program, when a subcontracting plan is required and inclusion of a monetary incentive is, in the judgment of the contracting officer, necessary to increase subcontracting opportunities for HBCU/MIs. The clause should include a separate goal for HBCU/MIs. (a) Use the clause at 252.226–7000, Notice of Historically Black College or University and Minority Institution Set-Aside, in solicitations and contracts set aside for HBCU/MIs. (b) Use the provision at FAR 52.226–2, Historically Black College or University and Minority Institution Representation, in solicitations set aside for HBCU/MIs. Source: 59 FR 12192, Mar. 16, 1994, unless otherwise noted.
This subpart implements section 2912 of the Fiscal Year 1994 Defense Authorization Act (Pub. L. 103–160) and section 817 of the Fiscal Year 1995 Defense Authorization Act (Pub. L. 103–337). [60 FR 5870, Jan. 31, 1995] Vicinity, as used in this subpart, means the county or counties in which the military installation to be closed or realigned is located and all adjacent counties, unless otherwise defined by the agency head. [60 FR 29499, June 5, 1995] Businesses located in the vicinity of a military installation that is being closed or realigned under a base closure law, including 10 U.S.C. 2687, and small and small disadvantaged businesses shall be provided maximum practicable opportunity to participate in acquisitions that support the closure or realignment, including acquisitions for environmental restoration and mitigation. In considering acquisitions for award through the section 8(a) program (subpart 219.8 and FAR subpart 19.8) or in making set-aside decisions under subpart 219.5 and FAR subpart 19.5 for acquisitions in support of a base closure or realignment, the contracting officer shall— (a) Determine whether there is a reasonable expectation that offers will be received from responsible business concerns located in the vicinity of the military installation that is being closed or realigned. (b) If offers can not be expected from business concerns in the vicinity, proceed with section 8(a) or set-aside consideration as otherwise indicated in part 219 and FAR part 19. (c) If offers can be expected from business concerns in the vicinity— (1) Consider section 8(a) only if at least one eligible 8(a) contractor is located in the vicinity. (2) Set aside the acquisition for small business only if at least one of the expected offers is from a small business located in the vicinity. [60 FR 29499, June 5, 1995, as amended at 63 FR 41974, Aug. 6, 1998; 67 FR 11438, Mar. 14, 2002] When planning for contracts for services related to base closure activities at a military installation affected by a closure or realignment under a base closure law, contracting officers shall consider including, as a factor in source selection, the extent to which offerors specifically identify and commit, in their proposals, to a plan to hire residents of the vicinity of the military installation that is being closed or realigned. [60 FR 61598, Nov. 30, 1995]
Title 48: Federal Acquisition Regulations System
PART 226—OTHER SOCIOECONOMIC PROGRAMS
Section Contents
226.103 Procedures.
226.104 Contract clause.
226.370 Contracting with historically black colleges and universities and minority institutions.
226.370-1 General.
226.370-2 Definitions.
226.370-3 Policy.
226.370-4 Set-aside criteria.
226.370-5 Set-aside procedures.
226.370-6 Eligibility for award.
226.370-7 Protesting a representation.
226.370-8 Goals and incentives for subcontracting with HBCU/MIs.
226.370-9 Solicitation provision and contract clause.
226.7100 Scope of subpart.
226.7101 Definition.
226.7102 Policy.
226.7103 Procedure.
226.7104 Other considerations.
Subpart 226.1—Indian Incentive Program
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226.103 Procedures.
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226.104 Contract clause.
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Subpart 226.3—Historically Black Colleges and Universities and Minority Institutions
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226.370 Contracting with historically black colleges and universities and minority institutions.
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226.370-1 General.
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226.370-2 Definitions.
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226.370-3 Policy.
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226.370-4 Set-aside criteria.
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226.370-5 Set-aside procedures.
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226.370-6 Eligibility for award.
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226.370-7 Protesting a representation.
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226.370-8 Goals and incentives for subcontracting with HBCU/MIs.
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226.370-9 Solicitation provision and contract clause.
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Subpart 226.70 [Reserved]
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Subpart 226.71—Preference for Local and Small Businesses
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226.7100 Scope of subpart.
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226.7101 Definition.
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226.7102 Policy.
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226.7103 Procedure.
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226.7104 Other considerations.
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