52.226-2 Historically Black College or University and Minority Institution Representation
Source: FAR 52.226-2 on acquisition.gov
Offerors must accurately declare their status as a Historically Black College or University or Minority Institution when responding to solicitations containing this provision.
Overview
FAR 52.226-2 requires offerors to self-identify whether they are a Historically Black College or University (HBCU) or a Minority Institution (MI) when responding to certain federal solicitations. This provision is included in solicitations as prescribed by FAR 26.304 and is intended to support federal initiatives to promote participation by HBCUs and MIs in government contracting. The provision defines both terms by referencing relevant federal statutes and regulations, ensuring clarity and consistency in eligibility.
Key Rules
- Definitions Provided
- The provision clearly defines what constitutes a "historically black college or university" and a "minority institution" by referencing Department of Education and Higher Education Act criteria.
- Offeror Representation Requirement
- Offerors must indicate, by checking the appropriate boxes, whether they are an HBCU and/or MI as part of their proposal submission.
Responsibilities
- Contracting Officers: Must include this provision in solicitations as required by FAR 26.304 and review offeror responses for compliance.
- Contractors/Offerors: Must accurately represent their status as an HBCU or MI when submitting offers.
- Agencies: May use this information to track and encourage participation by HBCUs and MIs in federal contracting.
Practical Implications
- This provision helps agencies identify and potentially provide opportunities to HBCUs and MIs.
- Misrepresentation can lead to compliance issues or penalties.
- Offerors should ensure their institutional status aligns with the definitions provided before making a representation.
As prescribed in 26.304 , insert the following provision:
Historically Black College or University and Minority Institution Representation (Oct 2014)
(a) Definitions. As used in this provision—
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 365(3) of the Higher Education Act of1965 (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1067k&num=0&edition=prelim" target="_blank">20 U.S.C. 1067k), including a Hispanic-serving institution of higher education, as defined in Section502(a) of the Act (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1101a&num=0&edition=prelim" target="_blank">20 U.S.C. 1101a).
(b) Representation. The offeror represents that it—
□ is □ is not a historically black college or university;
□ is □ is not a minority institution.
(End of provision)