[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.

-----------------------------------------------------------------------

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