Other Socioeconomic Programs
FAR Part 26 integrates diverse socioeconomic programs into federal contracting, requiring contractors and agencies to support broader public policy goals through specific compliance measures.
Overview
FAR Part 26, "Other Socioeconomic Programs," organizes and prescribes policies and procedures for a range of socioeconomic initiatives that impact federal contracting. This part is structured into six subparts, each addressing a distinct program or requirement: the Indian Incentive Program, disaster/emergency assistance, support for Historically Black Colleges and Universities and Minority Institutions, food donations to nonprofits, drug-free workplace requirements, and policies to ban text messaging while driving. Each subpart outlines the scope, definitions, policy, procedures, and relevant contract clauses for its respective program. The purpose of Part 26 is to ensure that federal contracting supports broader social, economic, and public safety objectives beyond traditional procurement goals.
Key Rules
- Indian Incentive Program
- Provides incentives for contractors to use Indian organizations and Indian-owned economic enterprises in federal contracts.
- Major Disaster or Emergency Assistance Activities
- Establishes preferences and set-asides for local firms in disaster or emergency response contracts, and outlines registry and reporting requirements.
- Historically Black Colleges and Universities and Minority Institutions
- Promotes contracting opportunities and data collection for these educational institutions.
- Food Donations to Nonprofit Organizations
- Sets procedures for donating excess, wholesome food to nonprofits.
- Drug-Free Workplace
- Requires contractors to maintain a drug-free workplace, with compliance, suspension, and debarment provisions.
- Ban on Text Messaging While Driving
- Encourages contractors to adopt policies banning text messaging while driving on government business or using government equipment.
Responsibilities
- Contracting Officers: Must apply relevant policies, include required clauses, and ensure compliance with each subpart's requirements.
- Contractors: Must comply with program-specific obligations, such as reporting, maintaining a drug-free workplace, or adopting safe driving policies.
- Agencies: Oversee implementation, monitor compliance, and collect/report data as required by each program.
Practical Implications
- FAR Part 26 ensures federal contracts advance important social and economic policies, not just procurement efficiency.
- Contractors must be aware of and comply with multiple, sometimes overlapping, requirements depending on contract type and circumstances.
- Failure to comply can result in penalties, loss of contract opportunities, or debarment.