FAR 52.226-2—Historically Black College or University and Minority Institution Representation.
Plain-English Summary
FAR 52.226-2 is a solicitation provision used to collect a simple status representation from the offeror about whether it is a Historically Black College or University (HBCU) and/or a minority institution. The provision defines both terms by cross-reference to the Department of Education regulations and the Higher Education Act, including the specific inclusion of Hispanic-serving institutions within the definition of minority institution. In practice, this provision is used to identify educational institutions that may be relevant for agency socioeconomic, outreach, research, or partnership purposes, and to support accurate procurement records and reporting. It does not itself create eligibility for award, set-aside status, or evaluation preference; it is primarily a representation requirement. Offerors must check the appropriate boxes based on their actual institutional status, and contracting personnel use the response as part of the solicitation record and any related agency data collection or policy tracking.
Key Rules
Use the regulatory definitions
The provision does not invent its own definitions. An HBCU is one determined by the Secretary of Education to meet 34 CFR 608.2, and a minority institution is one meeting the Higher Education Act definition, including Hispanic-serving institutions.
Offeror must self-represent
The offeror must indicate whether it is or is not an HBCU and whether it is or is not a minority institution. The representation is made by the offeror itself, not by the contracting officer.
Applies in solicitations
This is a solicitation provision, meaning it is inserted into solicitations when prescribed by FAR 26.304. It is a pre-award representation, not a contract clause governing post-award performance.
No award preference created
The provision is informational only. It does not by itself make an offeror eligible for a preference, set-aside, or evaluation advantage unless another law, regulation, or solicitation term separately provides one.
Accuracy matters
Because the representation becomes part of the offeror’s submission, it must be truthful and supportable. Misrepresentation can create procurement integrity, responsibility, or contract administration issues.
Responsibilities
Offeror
Review its institutional status against the cited legal and regulatory definitions and mark the appropriate boxes for HBCU and minority institution status. Ensure the representation is accurate and consistent with the institution’s official designation.
Contracting Officer
Insert the provision when required by FAR 26.304, review the completed representation as part of the offer evaluation record, and rely on the offeror’s certification unless another source of verification is needed.
Agency
Use the collected representation for internal tracking, outreach, reporting, or policy purposes as applicable, and ensure the provision is included only when prescribed.
Practical Implications
This provision is usually straightforward, but the main risk is misclassification: an institution may assume it qualifies when it does not, or fail to recognize that a Hispanic-serving institution is included within the minority institution definition.
Contracting officers should not treat this representation as a substitute for eligibility determinations under other programs; it is only a status statement for the solicitation record.
Offerors should verify their status against the cited authorities before responding, especially if their designation has changed or if they are part of a larger university system with multiple campuses.
Because the provision is tied to education-specific statutory and regulatory definitions, non-educational entities generally will not qualify and should answer accordingly.
If the solicitation includes this provision, the response should be completed carefully and consistently with any other institutional representations to avoid contradictions or later questions about accuracy.
Official Regulatory Text
As prescribed in 26.304 , insert the following provision: Historically Black College or University and Minority Institution Representation (Oct 2014) (a) Definitions . As used in this provision— Historically black college or university means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2 . Minority institution means an institution of higher education meeting the requirements of Section 365(3) of the Higher Education Act of1965 ( 20 U.S.C. 1067k ), including a Hispanic-serving institution of higher education, as defined in Section502(a) of the Act ( 20 U.S.C. 1101a ). (b) Representation . The offeror represents that it— □ is □ is not a historically black college or university; □ is □ is not a minority institution. (End of provision)