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HBCU/MI: Historically Black Colleges and University / Minority Instistutions


The following Appendixes highlight different HBCU/MI governing laws and initiatives.



10 USC 2323(a)(2) [Federal Acquisition Streamlining Act of 1994] set forth that “the Head of the Agency (DOD, NASA, Coast Guard) shall establish a specific goal within the overall 5% goal for the award of prime contracts and subcontracts to HBCU’s and MI’s in order to increase the participation of such colleges and universities in the program (SDB) provided for by this section”.




Public Law 99-661, National Defense Act 1987 Section 1207

Establishes DOD 5% Initiative to HBCU/MIs



Department of Defense

Defense Federal Acquisition Regulation Supplement – (DFARS)

Chapter 2: Defense Acquisition Regulations System, Department of Defense

<b><i style="mso-bidi-font-style:normal">SUBPART 226.3--HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND M</i></b>INORITY INSTITUTIONS (Added December 9, 2005)

 226.370 Contracting with historically black colleges and universities and minority institutions.
 226.370-1 General.
 226.370-2 Definitions.
 226.370-3 Policy.
 226.370-4 Set-aside criteria.
 226.370-5 Set-aside procedures.
 226.370-6 Eligibility for award.
 226.370-7 Protesting a representation.
 226.370-8 Goals and incentives for subcontracting with HBCU/MIs.
 226.370-9 Solicitation provision and contract clause.

226.370  Contracting with historically black colleges and universities and minority institutions.

<b>226.370-1</b>  General.

This section implements the historically black college and university (HBCU) and minority institution (MI) provisions of 10 U.S.C. 2323.

<b>226.370-2</b>  Definitions.

Definitions of HBCUs and MIs are in the clause at 252.226-7000, Notice of Historically Black College or University and Minority Institution Set-Aside.

<b>226.370-3</b>  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 goals for use of HBCUs and MIs. 

<b>226.370-4</b>  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:

      (a)  Offers will be submitted by at least two responsible HBCUs or MIs that can comply with the subcontracting limitations in the clause at FAR 52.219-14, Limitations on Subcontracting;

      (b)  Award will be made at not more than 10% above fair market price; and

      (c)  Scientific or technological talent consistent with the demands of the acquisition will be offered.

<b>226.370-5</b>  Set-aside procedures.

      (a)  As a general rule, use competitive negotiation for HBCU/MI set-asides.

      (b)  When using a broad agency announcement (FAR 35.016) for basic or applied research, make partial set-asides for HBCU/MIs as explained in 235.016.

      (c)  Follow the special synopsis instructions in 205.207(d).  Interested HBCU/MIs must provide evidence of their capability to perform the contract, and a positive statement of their eligibility, within 15 days of publication of the synopsis in order for the acquisition to proceed as an HBCU/MI set-aside.

      (d)  Cancel the set-aside if the low responsible offer exceeds the fair market price (defined in FAR Part 19) by more than 10%.

<b>226.370-6</b>  Eligibility for award.

      (a)  To be eligible for award as an HBCU or MI under the preference procedures of this subpart, an offeror must:

              (1)  Be an HBCU or MI, as defined in the clause at 252.226-7000, Notice of Historically Black College or University and Minority Institution Set-Aside, at the time of submission of its initial offer including price; and

              (2)  Provide the contracting officer with evidence of its HBCU or MI status upon request.

      (b)  The contracting officer shall accept an offeror's HBCU or MI status under the provision at FAR 52.226-2, Historically Black College or University and Minority Institution Representation, unless:

              (1)  Another offeror challenges the status; or

              (2)  The contracting officer has reason to question the offeror's HBCU/MI status.  (A list of HBCU/MIs is published periodically by the Department of Education).

<b>226.370-7</b>  Protesting a 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.

<b>226.370-8</b>  Goals and incentives for subcontracting with HBCU/MIs.

      (a)  In reviewing subcontracting plans submitted under the clause at FAR 52.219-9, Small Business Subcontracting Plan, the contracting officer shall:

              (1)  Ensure that the contractor included anticipated awards to HBCU/MIs in the small disadvantaged business goal; and

              (2)  Consider whether subcontracts are contemplated that involve research or studies of the type normally performed by higher educational institutions.

      (b)  The contracting officer may, when contracting by negotiation, use in solicitations and contracts a clause similar to the clause at FAR 52.219-10, Incentive Subcontracting Program, when a subcontracting plan is required and inclusion of a monetary incentive is, in the judgment of the contracting officer, necessary to increase subcontracting opportunities for HBCU/MIs.  The clause should include a separate goal for HBCU/MIs.

<b>226.370-9</b>  Solicitation provision and contract clause.

      (a)  Use the clause at 252.226-7000, Notice of Historically Black College or University and Minority Institution Set-Aside, in solicitations and contracts set aside forHBCU/MIs.

      (b)  Use the provision at FAR 52.226-2, Historically Black College or University and Minority Institution Representation, in solicitations set aside for HBCU/MIs




FAQ Historically Black Colleges & Universities/Minority Institutions (HBCU/MI) Program

  1. Question: What is the definition of Historically Black Colleges and Universities and Minority Institutions? 

    HBCUs/MIs are educational institutions that existed prior to 1964 with the primary purpose of educating African American, Hispanic and American Indian students. 
  1. Question: Are HBCUs and MIs accredited educational institutions?

    Answer: Yes, the U.S. Department of Education publishes a list of Accredited Post Secondary Education Institutions annually to assist Federal agencies in identifying schools qualified to participate in Federal contracting and grant programs.
  1. Question: How many schools are classified as Historically Black Colleges and Universities and Minority Institutions?

Answer:  Currently, there are approximately 299 educational institutions that are classified as HBCUs and MIs. Of these, 105 are HBCUs, 157 are MIs consisting of Hispanic Serving Institutions (HSIs) and Other Minority Institutions (OMIs), and 37 Tribal Colleges and Universities (TCUs). 

  1. Question: Where are these schools located?

    Answer: HBCUs are located in the Southeastern states, the District of Columbia, and the Virgin Islands. They include 40 public four-year, 11 public two-year, 49 private four-year, and 5 private 2-year institutions.  

    HSIs are located primarily in the Southwestern section of the Nation and in California. HSIs are educational institutions with a Hispanic enrollment of at least 25% of the total student population.  

    TCUs are located in the Great Plains region of the Nation, mainly in the Midwest and Southwest. TCUs service approximately 30,000 full- and part-time students. They offer two-year associate's degrees in over 200 disciplines with some providing bachelor's and master's degrees.  

    OMIs are educational institutions across the Nation with a total minority population of 50%. These schools are primarily located in California and some large urban areas with a significant minority student population e.g., Chicago, New York City and Los Angeles. 
  1. Question: What types of programs are provided by the Army to help HBCU/MIs build infrastructure?

    Answer: The Army provides assistance through Technical Assistance Workshops and Infrastructure Assistance Programs. The Technical Assistance Workshops provide information on procurement policies, programs, processes and proposal preparations. The Infrastructure Assistance Programs offer educational programs, faculty development assignments, fellowships opportunities and laboratory equipment and renovation. 
  1. Question: Is there a 5% HBCU/MI Goal in the Department of Defense (DoD)?

    Answer: Yes, Public Law 99-661, National Defense Act 1987 Section 1207 established the 5% Goal for SDBs, HBCUs and MIs (10 USC 2301). DoD is striving to increase HBCU/MI funding in the following areas: contracting and subcontracting opportunities in procurement, research, development, test and evaluation, military construction, and operations and maintenance. 
  1. Question: What is the difference between the SADBU HBCU/MI Program and the Army Minority College Relations Program (MCRP)?

    Answer: The program purposes, though different, are complementary. The HBCU/MI Program aims to increase the number of contracts and grants awarded to HBCU/MIs, while the MCRP informs Minority Serving Institutions of Army opportunities in employment, research, faculty training and summer employment. The HBCU/MI Program is based on procurement policy and laws. In contrast, the MCRP is based on the Executive Orders and Army Equal Employment Opportunity (EEO) Policy. 
  1. Question: Where are the HBCU professional schools located?

    Answer: HBCU professional schools are located across the country in several key areas: 

    Engineering Schools: Howard, Hampton, Tuskegee, Morgan State, North Carolina A&T, Alabama A&M, Tennessee State, FAMU, and Jackson State and Prairie View A&M. 

    Pharmacy Schools: Howard, Hampton, Xavier and Texas Southern 

    Law Schools: Howard, North Carolina Central and Texas Southern 

    Medical Schools: Morehouse, Howard and Meharry 

    Ph.D. (Science) Programs: Howard, Hampton, Tuskegee, North Carolina A&T, Morgan, Clark Atlanta, Alabama A&M, Jackson State and Tennessee State
  1. Question: I’m interested in working with a HBCU/MI. What should I do first?

    Answer: Contact your closest Army Small Business Specialist. Identify critical Army needs that correspond to the University’s research interest. Identify mutual benefits to Army and HBCU/MIs and establish an Educational Partnership Agreement. 
  1. Question: Are there laws supporting the HBCU/MI Program?

    Answer: President Barack Obama and President George Bush issued multiple Executive Orders on HBCUs, Hispanic Higher Education, and Tribal Colleges and Universities that directly impact the Army HBCU/MI program. 

HBCU: On February 26, 2010, President Barack Obama signed the Executive Order 13532 on HBCUs.

HBCU: On February 12, 2002, President George W. Bush signed the Executive Order 13256 on HBCUs. This Executive Order transferred the White House Initiative on Historically Black Colleges and Universities to the Office of the Secretary within the U.S. Department of Education and established the President’s board of Advisors. 

Hispanic Higher Education: On October 12, 2001, President George W. Bush signed the Executive Order 13230 to establish the President's Advisory Commission on Educational Excellence for Hispanic Americans. The Commission is charged with strengthening the nation's capacity to provide high quality education while increasing opportunities for Hispanic American participation in federal education programs. 

Tribal Colleges: On July 3, 2002, President Bush appointed 13 individuals to serve on the President's Board of Advisors for Tribal Colleges and Universities. Authorized under Executive Order 13270, the Board members consist of tribal college presidents, educators, business leaders and public servants. The Board will provide advice regarding the progress made by federal agencies toward fulfilling the purposes and objectives of Executive Order 13270. The Board will also provide recommendations to the president through the Secretary of Education on the ways the federal government can help tribal colleges. 

  1. Question: Where can I get additional information on each Executive Order


Answer: To obtain further information on individual Executive Orders, please contact: 

White House Initiative on Historically Black Colleges and Universities 

John Silvanus Wilson, Jr., Executive Director,

400 Maryland Avenue, SW., Washington, DC 20204; 

Telephone: (202) 453-5634

Fax: (202) 453-5632

White House Initiative on Historically Black Colleges and Universities 
1990 K Street NW, 6th Floor 
ATTN: Mr. Ronald E. Blakely, Deputy Director 
Washington, DC 20006 
Telephone: (202) 502-7895 
Fax: (202) 502-7852 

White House Initiative on Educational Excellence for Hispanic Americans 
400 Maryland Avenue, SW, Room 5E110 
ATTN: Mr. Adam Chavarria 
Washington, DC 20202-3601 
Phone: (202) 401-1411 
Fax: (202) 401-8377 

White House Initiative on Tribal Colleges and Universities 
1990 K St., N.W. Room 7010 
ATTN: Ms. Pamela DeRensis, Program Director 
Washington, DC 20006 
Phone: (202) 502-7768 








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