FAR 26.304—Solicitation provision.
Plain-English Summary
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.
Key Rules
Insert the required provision
The contracting officer must include FAR 52.226-2, Historically Black College or University and Minority Institution Representation, in the solicitation when the rule applies. This is not optional once the acquisition meets the stated conditions.
Applies above micro-purchase threshold
The provision is required only in solicitations exceeding the micro-purchase threshold. Solicitations at or below that threshold are outside the scope of this section.
Limited to higher-education-type acquisitions
The rule applies only to research, studies, supplies, or services of the type normally acquired from higher educational institutions. The subject matter of the acquisition must fit that higher-education-related category.
Requires offeror representation
The provision is a representation clause, meaning offerors must state whether they are an HBCU or MI as defined by the solicitation and applicable regulations. The representation becomes part of the solicitation record and may be used for policy and administrative purposes.
No broader coverage implied
This section does not create a general requirement for all solicitations or all educational institutions. It is a targeted rule tied to specific acquisition types and dollar thresholds.
Responsibilities
Contracting Officer
Determine whether the acquisition exceeds the micro-purchase threshold and whether the requirement is for research, studies, supplies, or services normally acquired from higher educational institutions. If both conditions are met, insert FAR 52.226-2 into the solicitation.
Offeror/Contractor
Review the solicitation and complete the HBCU/MI representation accurately when the provision is included. Ensure the representation is truthful and consistent with the entity’s status under the applicable definitions.
Agency
Support contracting personnel with policy guidance and acquisition planning so the required provision is included when applicable. Maintain consistency in applying the rule across covered solicitations.
Practical Implications
Contracting officers should screen acquisitions early to decide whether the requirement is triggered; missing the provision can create a solicitation defect.
Contractors should not assume the clause appears in every solicitation—its presence depends on both the dollar threshold and the nature of the acquisition.
Because the rule is tied to higher-education-type work, classification of the requirement matters; mischaracterizing the acquisition can lead to incorrect omission or inclusion.
Offerors should verify their institutional status before making the representation, since inaccurate representations can create compliance and integrity issues.
This provision is mainly a solicitation-stage requirement, so the key operational issue is getting it into the solicitation before release rather than fixing it later.
Official Regulatory Text
Insert the provision at 52.226-2 , Historically Black College or University and Minority Institution Representation, in solicitations exceeding the micro-purchase threshold, for research, studies, supplies, or services of the type normally acquired from higher educational institutions.