DFARS Part 26

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Defense Federal Acquisition Regulation Supplement
Part 226--Other Socioeconomic Programs

TABLE OF CONTENTS

SUBPART 226.1--INDIAN INCENTIVE PROGRAM
226.103 Procedures.
226.104 Contract clause.
SUBPART 226.70--HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY INSTITUTIONS
226.7000 Scope of subpart.
226.7001 Definitions.
226.7002 General policy.
226.7003 Set-asides for HBCUs and MIs.
226.7003-1 Set-aside criteria.
226.7003-2 Set-aside procedures.
226.7004 Evaluation preference for HBCUs and MIs.
226.7005 Eligibility as an HBCU or MI.
226.7006 Protesting an HBCU or MI representation.
226.7007 Goals and incentives for subcontracting with HBCU/MIs.
226.7008 Solicitation provision and contract clause.

SUBPART 226.71--PREFERENCE FOR LOCAL AND SMALL BUSINESS
226.7100 Scope of subpart.
226.7101 Definition.
226.7102 Policy.
226.7103 Procedure.
226.7104 Other Considerations.

PART 226 OTHER SOCIOECONOMIC PROGRAMS

SUBPART 226.1--INDIAN INCENTIVE PROGRAM

226.103 Procedures.
(f) The contracting officer shall submit a request for funding of the Indian incentive to the Office of Small and Disadvantaged Business Utilization, Office of the Under Secretary of Defense for Acquisition and Technology, OUSD(A&T)SADBU, Room 2A340, 3061 Defense Pentagon, Washington, DC 20301-3061. Upon receipt of funding from OUSD(A&T)SADBU, the contracting officer shall issue a contract modification to add the Indian incentive funding for payment of the contractor's request for equitable adjustment as described at FAR 52.226-1, Utilization of Indian Organizations and Indian-Owned Economic Enterprises.

226.104 Contract clause.
(a) Also use the clause at FAR 52.226-1, Utilization of Indian Organizations and Indian-Owned Economic Enterprises, in contracts--
(i) With contractors that have comprehensive subcontracting plans approved under the test program described at 219.702(a); and
(ii) That contain the clause at 252.219-7004, Small, Small disadvantaged and Women-Owned Small Business Subcontracting Plan (Test Program).

SUBPART 226.70--HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
AND MINORITY INSTITUTIONS

226.7000 Scope of subpart.
This subpart implements the historically black college and university (HBCU) and minority institution (MI) provisions of 10 U.S.C. 2323, which--

226.7001 Definitions.
Definitions of HBCUs and MIs are in the clause at 252.226-7000.

226.7002 General policy.
The DoD will use outreach efforts, technical assistance programs, advance payments, HBCU/MI set-asides, and evaluation preferences to meet its contract and subcontract goal for use of HBCUs and MIs. In addition, DoD will establish "infrastructure assistance; (e.g., scholarships, faculty development, teaming agreements with defense laboratories, and laboratory renovation) at colleges, universities, and institutions that agree to bear a substantial portion of the costs associated with the programs.

226.7003 Set-asides for HBCUs and MIs.

226.7003-1 Set-aside criteria.
Set-aside acquisitions for exclusive HBCU and MI participation when the acquisition is for research, studies, or services of the type normally acquired from higher educational institutions and there is a reasonable expectation that--

226.7003-2 Set-aside procedures.

226.7004 Evaluation preference for HBCUs and MIs.
In acquisitions which use the evaluation preference described in Subpart 219.70 for small disadvantaged business concerns, the preference also applies to offers from HBCUs or MIs.

226.7005 Eligibility as an HBCU or MI.

226.7006 Protesting an HBCU or MI representation.
Any offeror or other interested party may challenge an offeror's HBCU or MI representation by filing a protest with the contracting officer. The protest must contain specific detailed evidence supporting the basis for the challenge. Such protests are handled in accordance with FAR 33.103 and are decided by the contracting officer.

226.7007 Goals and incentives for subcontracting with HBCU/MIs.

226.7008 Solicitation provision and contract clause.

SUBPART 226.71--PREFERENCE FOR LOCAL AND SMALL BUSINESSES

226.7100 Scope of subpart.
This subpart implements Section 2912 of the Fiscal Year 1994 Defense Authorization Act, (Pub. L. 103-160) and Section 817 of the Fiscal Year 1995 Defense Authorization Act (Pub. L 103-337).

226.7101 Definition.

226.7102 Policy.
Businesses located in the vicinity of a military installation that is being closed or realigned under a base closure law, including 10 U.S.C. 2687, and small and small disadvantaged businesses shall be provided maximum practicable opportunity to participate in acquisitions that support the closure or realignment, including acquisitions for environmental restoration and mitigation.

226.7103 Procedure.
In considering acquisitions for award through the section 8(a) program (Subpart 219.8 and FAR Subpart 19.8) or in making set-aside decisions under Subpart 219.5 and FAR Subpart 19.5 for acquisitions in support of a base closure or realignment, the contracting officer shall--

226.7104 Other considerations.
When planning for contracts for services related to base closure activities at a military installation affected by a closure or realignment under a base closure law, c]ontracting officers shall consider including, as a factor in source selection, the extent to which offerors specifically identify and commit, in their proposals, to a plan to hire residents of the vicinity of the military installation that is being closed or realigned.

SUBPART 226.72--BASE CLOSURES AND REALIGNMENTS

226.7200 Scope.
This subpart identifies the policies and statutory authorities that affect contracts associated with the closure and realignment of military installations. These policies and authorities are-

This authority is embodied in a clause for use in solicitations and contracts arising from the closure of a military installation. The clause establishes employment rights for Government employees who are adversely affected by closure of the installation (see Subpart 222.71).

This authority allows contracting officers, when entering into a contract as part of the closure or realignment of a military installation, to give preference, to the greatest extent practicable, to qualified businesses located in the vicinity of the installation and to small and small disadvantaged business concerns (see Subpart 226.71).

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