FAR 26.300—Scope of subpart.
Plain-English Summary
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.
Key Rules
Implements Executive Order 12928
This subpart exists to carry out Executive Order 12928, which promotes participation of HBCUs and MIs in federal procurement. The order provides the policy basis for the FAR requirements that follow in the subpart.
Promotes HBCU and MI participation
The purpose of the subpart is to encourage and support participation by Historically Black Colleges and Universities and Minority Institutions in federal contracting. Agencies should read the subpart as a policy tool for broadening access to procurement opportunities.
Applies only within U.S. performance scope
The subpart does not apply to contracts performed entirely outside the United States and its outlying areas. If all performance occurs overseas, the HBCU/MI provisions in this subpart are not triggered.
Performance location controls applicability
Applicability turns on where the contract will be performed, not merely where it is awarded or administered. If any part of performance occurs in the United States or its outlying areas, the exclusion in paragraph (b) does not apply.
Responsibilities
Contracting Officer
Determine whether the acquisition falls within the geographic scope of the subpart and apply the HBCU/MI policy requirements when performance is not entirely outside the United States and its outlying areas.
Agency
Support implementation of Executive Order 12928 by encouraging participation of HBCUs and MIs in covered procurements and ensuring internal acquisition practices align with the subpart.
Contractor
Understand that opportunities under this subpart may be relevant for covered procurements and, where applicable, consider HBCUs and MIs as potential participants, subcontractors, or partners consistent with solicitation requirements.
Practical Implications
This section is mainly a scope gate: before applying any HBCU/MI-related procedures, confirm whether the contract is covered geographically.
A common mistake is assuming the subpart applies to every federal contract; it does not apply when performance is entirely outside the United States and its outlying areas.
For mixed-location contracts, do not rely on the overseas exclusion without checking whether any performance will occur domestically or in U.S. outlying areas.
Contracting officers should document the basis for determining whether the subpart applies, especially for global or expeditionary acquisitions.
Contractors should watch for solicitation language that reflects this policy and be prepared to identify HBCU/MI participation opportunities when the subpart applies.
Official Regulatory Text
(a) This subpart implements Executive Order 12928 of September 16,1994, which promotes participation of Historically Black Colleges and Universities (HBCUs) and Minority Institutions (MIs) in Federal procurement. (b) This subpart does not pertain to contracts performed entirely outside the United States and its outlying areas.