226.70-HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY INSTITUTIONS
226.7000 Scope of subpart.
This subpart implements the historically
black college and university (HBCU) and minority institution (MI) provisions
of 10 U.S.C. 2323, which-
(a) Set a goal for DoD for each of
fiscal years 1987 through 2000 to award five percent of contract and subcontract
dollars to small disadvantaged business concerns and HBCU/MIs; and
(b) Require a separate goal, for each
of fiscal years 1991 through 2000, as a subset of the five percent goal,
for the participation of HBCUs and MIs.
Definitions of HBCUs and MIs are in the
clause at 252.226-7000.
226.7002 General policy.
The DoD will use outreach efforts, technical
assistance programs, advance payments, HBCU/MI set-asides, and evaluation
preferences to meet its contract and subcontract goal for use of HBCUs
and MIs. In addition, DoD will establish "infrastructure assistance" (e.g.,
scholarships, faculty development, teaming agreements with defense laboratories,
and laboratory renovation) at colleges, universities, and institutions
that agree to bear a substantial portion of the costs associated with the
226.7003 Set-asides for
HBCUs and MIs.
226.7003-1 Set-aside criteria.
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 which can comply with the subcontracting
limitations in the clause at FAR 52.219-14;
(b) Award will be made at not more than
ten percent above fair market price; and
(c) Scientific and/or technological
talent consistent with the demands of the acquisition will be offered.
226.7003-2 Set-aside procedures.
(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)(iii), (iv), and (v).
(d) Cancel the set-aside if the low
responsible offer exceeds the fair market price (defined in FAR Part 19)
by more than ten percent.
226.7004 Evaluation preference
for HBCUs and MIs.
In acquisitions which use the evaluation
preference described in Subpart 219.70 for small disadvantaged business
concerns, the preference also applies to offers from HBCUs or MIs.
226.7005 Eligibility as
an HBCU or MI.
(a) To be eligible for award as an
HBCU or MI under the preference procedures of this subpart, an offeror
(b) The contracting officer shall accept
an offeror's HBCU or MI status under the provision at 252.226-7001, unless-
(1) Another offeror challenges the
(2) The contracting officer has reason
to question the offeror's HBCU/MI status. (A list of HBCUs is published
periodically by the Department of Education.)
226.7006 Protesting an
HBCU or MI representation.
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.
226.7007 Goals and incentives
for subcontracting with HBCU/MIs.
provision and contract clause.
(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 252.226-7001,
Historically Black College or University and Minority Institution Status,
in solicitations set-aside for HBCU/MIs and in solicitations which contain
the clause at 252.219-7006, Notice of Evaluation Preference for Small Disadvantaged