Scope of subpart
FAR 26.300 establishes that special contracting provisions for HBCUs and Minority Institutions apply only to domestic contracts, supporting their participation in federal procurement.
Overview
FAR 26.300 defines the scope of Subpart 26.3, which implements Executive Order 12928 to encourage the participation of Historically Black Colleges and Universities (HBCUs) and Minority Institutions (MIs) in federal procurement. The subpart outlines policies and procedures to increase contracting opportunities for these institutions. However, it explicitly excludes contracts that are performed entirely outside the United States and its outlying areas, focusing only on domestic federal procurement activities.
Key Rules
- Implementation of Executive Order 12928
- The subpart is designed to promote the involvement of HBCUs and MIs in federal contracting, aligning with the goals of the Executive Order.
- Geographic Limitation
- The subpart does not apply to contracts performed entirely outside the U.S. and its outlying areas, ensuring its provisions are limited to domestic procurements.
Responsibilities
- Contracting Officers: Must be aware of the subpart’s applicability and ensure its provisions are considered for eligible contracts within the U.S. and outlying areas.
- Contractors: Should recognize when these requirements may apply to their solicitations or subcontracts involving HBCUs and MIs.
- Agencies: Responsible for promoting and tracking participation of HBCUs and MIs in federal procurement within the applicable geographic scope.
Practical Implications
- This section clarifies when the special provisions for HBCUs and MIs apply, helping contracting professionals determine the relevance of Subpart 26.3.
- It prevents misapplication of these requirements to overseas contracts, reducing confusion and ensuring compliance with federal policy.
- Understanding the scope is essential for proper solicitation, evaluation, and award processes involving HBCUs and MIs.