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(Revised September 11, 2001)

 

 



 252.226-7000 Notice of Historically Black College or University and Minority Institution Set-Aside.
 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises--DoD Contracts.


252.226-7000  Notice of Historically Black College or University and Minority Institution Set-Aside.

As prescribed in 226.7008(a), use the following clause:

 

notice of historically black college or university and minority institution set-aside (APR 1994)

 

      (a)  Definitions. 

 

            “Historically black colleges and universities,” as used in this clause, means institutions determined by the Secretary of Education to meet the requirements of 34 CFR Section 608.2.  The term also means any nonprofit research institution that was an integral part of such a college or university before November 14, 1986.

 

            “Minority institutions,” as used in this clause, means institutions meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)).  The term also includes Hispanic-serving institutions as defined in Section 316(b)(1) of such Act (20 U.S.C. 1059c(b)(1)).

 

      (b)  General.

 

              (1)  Offers are solicited only from historically black colleges or universities and minority institutions.

 

              (2)  Any award resulting from this solicitation will be made only to an offeror which is a historically black college or university or a minority institution at the time of submission of its initial offer including price.

 

      (c)  Agreements.  The offeror will—

 

              (1)  Perform at least 50 percent of the cost of contract performance incurred for personnel with its own employees; and

 

              (2)  Upon request by the Contracting Officer, provide evidence prior to award that the Secretary of Education has determined the offeror to be a historically black college or university or minority institution.

 

(End of clause)

 

252.226-7001  Utilization of Indian Organizations and Indian-Owned Economic Enterprises--DoD Contracts.

As prescribed in 226.104, use the following clause:

 

UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC ENTERPRISES--DOD CONTRACTS (SEP 2001)

 

      (a)  Definitions.  As used in this clause--

 

“Indian” means any person who is a member of any Indian tribe, band, group, pueblo, or community that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with 25 U.S.C. 1452(c) and any “Native” as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601).

 

“Indian organization” means the governing body of any Indian tribe or entity established or recognized by the governing body of an Indian tribe for the purposes of 25 U.S.C. Chapter 17.

 

“Indian-owned economic enterprise” means any Indian-owned (as determined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit, provided that Indian ownership constitutes not less than 51 percent of the enterprise.

 

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, that is recognized by the Federal Government as eligible for services from BIA in accordance with 25 U.S.C. 1452(c).

 

“Interested party” means a contractor or an actual or prospective offeror whose direct economic interest would be affected by the award of a subcontract or by the failure to award a subcontract.

 

      (b)  The Contractor shall use its best efforts to give Indian organizations and Indian-owned economic enterprises the maximum practicable opportunity to participate in the subcontracts it awards, to the fullest extent consistent with efficient performance of the contract.

 

      (c)  The Contracting Officer and the Contractor, acting in good faith, may rely on the representation of an Indian organization or Indian-owned economic enterprise as to its eligibility, unless an interested party challenges its status or the Contracting Officer has independent reason to question that status.

 

      (d)  In the event of a challenge to the representation of a subcontractor, the Contracting Officer will refer the matter to the--

 

                          U.S. Department of the Interior

                          Bureau of Indian Affairs

                          Attn:  Chief, Division of Contracting and

                              Grants Administration

                          1849 C Street NW, MS-2626-MIB

                          Washington, DC  20240-4000.

 

The BIA will determine the eligibility and will notify the Contracting Officer.  No incentive payment will be made--

 

              (1)  Within 50 working days of subcontract award;

 

              (2)  While a challenge is pending; or

 

              (3)  If a subcontractor is determined to be an ineligible participant.

      (e)(1)  The Contractor, on its own behalf or on behalf of a subcontractor at any tier, may request an adjustment under the Indian Incentive Program to the following:

 

                    (i)  The estimated cost of a cost-type contract.

 

                    (ii)  The target cost of a cost-plus-incentive-fee contract.

 

                    (iii)  The target cost and ceiling price of a fixed-price incentive contract.

 

                    (iv)  The price of a firm-fixed-price contract.

 

              (2)  The amount of the adjustment that may be made to the contract is 5 percent of the estimated cost, target cost, or firm-fixed price included in the subcontract initially awarded to the Indian organization or Indian-owned economic enterprise.

 

              (3)  The Contractor has the burden of proving the amount claimed and must assert its request for an adjustment prior to completion of contract performance.

 

              (4)  The Contracting Officer, subject to the terms and conditions of the contract and the availability of funds, will authorize an incentive payment of 5 percent of the amount paid to the subcontractor.

 

              (5)  If the Contractor requests and receives an adjustment on behalf of a subcontractor, the Contractor is obligated to pay the subcontractor the adjustment.

 

      (f)  The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts that--

 

              (1)  Are for other than commercial items; and

 

              (2)  Are expected to exceed the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation.

 

(End of clause)


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