FAR 26.3—Subpart 26.3

Scope of subpart.

FAR 26.300 is the scope statement for FAR Subpart 26.3, which addresses participation by Historically Black Colleges and Universities (HBCUs) and Minority Institutions (MIs) in federal procurement. It explains that the subpart exists to implement Executive Order 12928 of September 16, 1994, meaning the policy is intended to promote opportunities for these institutions in federal contracting. The section also sets an important geographic limit: the subpart does not apply to contracts performed entirely outside the United States and its outlying areas. In practice, this means contracting personnel must recognize when the HBCU/MI participation policy is relevant and when it is not, especially for acquisitions with domestic performance or mixed performance locations. The section is brief, but it establishes the legal foundation and the boundary conditions for the rest of the subpart.

[Reserved]

General policy.

FAR 26.302 states the Government’s general policy for this subpart: to promote the participation of Historically Black Colleges and Universities (HBCUs) and Minority Institutions (MIs) in Federal procurement. In practical terms, this section establishes the policy foundation for agency actions that encourage these institutions to compete for and receive Federal contract opportunities. It does not itself create a detailed set of procedures, set-asides, or evaluation rules; instead, it announces the Government’s commitment and frames the purpose of the related requirements that may appear elsewhere in the FAR, agency supplements, or procurement-specific plans. For contracting officers and program officials, the significance is that procurement planning and outreach should be mindful of HBCU and MI participation when consistent with law and acquisition needs. For contractors and educational institutions, the section signals that these entities are intended to be included in the Federal marketplace and may benefit from agency outreach and opportunity-development efforts.

Data collection and reporting requirements.

FAR 26.303 is a reporting-and-accountability provision tied to Executive Order 12928. It explains that the Executive Order requires periodic reporting to the President on how well departments and agencies are complying with the laws and requirements referenced in the Executive Order. In practical terms, this section is not a procurement procedure for contractors; it is a government oversight requirement that drives internal agency tracking, measurement, and reporting. The section matters because it creates a formal mechanism for senior-level visibility into agency compliance performance, which can influence policy attention, management priorities, and corrective action. For contracting personnel, the significance is that agencies must be able to document and summarize compliance results accurately and on schedule, so acquisition offices may need to support data gathering, recordkeeping, and internal reporting processes.

Solicitation provision.

FAR 26.304 is a narrow solicitation rule that tells contracting officers when to include the provision at 52.226-2, Historically Black College or University and Minority Institution Representation. It applies to solicitations that exceed the micro-purchase threshold and that are for research, studies, supplies, or services of the type normally acquired from higher educational institutions. In practice, this means the government must ask offerors to represent whether they are a Historically Black College or University (HBCU) or a Minority Institution (MI) when the acquisition is in a higher-education-related market and above the micro-purchase threshold. The purpose is to support the government’s policy interest in identifying and encouraging participation by HBCUs and MIs in applicable acquisitions. For contractors, the provision creates a representation requirement that may affect proposal preparation and compliance; for contracting officers, it is a mandatory solicitation insert when the stated conditions are met.