2024: The FAR, Federal Acquisition Regulations - Part 26

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2024 Webinar Series
THE FAR
THE FAR – PART 26

2024 Webinar Series
THE FAR
FAR PART #26:
Other Socioeconomic Programs
SPEAKER: Sandra Waters-Levy
FIRM: WestEd
EMAIL: swaters3@wested.org

2024 Webinar Series
THE FAR
Agenda
Purpose of FAR Part 26
Subpart 26.1 – Indian Incentive Programs
Subpart 26.2 – Major Disaster or Emergency Assistance Activities
Subpart 26.3 – Historically Black Colleges and Universities and Minority
Institutions
Subpart 26.4 – Food Donations to Nonprofit Organizations
FAR Part 26 – Other Socioeconomic Programs

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Purpose of FAR Part 26 is to provide opportunity for certain businesses who qualify as socioeconomically disadvantaged
businesses.
Per the Small Business Administration, a socioeconomically disadvantaged business meet the following criteria:
The firm must be 51% or more owned and controlled by one or more disadvantaged persons.
The disadvantaged person or persons must be socially disadvantaged and economically disadvantaged.
The firm must be small, according to SBA’s size standards.*
* Typically tied to NAICS size standards. (https://www.sba.gov/document/support-table-size-standards)
https://www.sba.gov/federal-contracting/contracting-assistance-programs/small-disadvantaged-
business#:~:text=The%20firm%20must%20be%2051,according%20to%20SBA's%20size%20standards
FAR Part 26 – Other Socioeconomic Programs
Purpose

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THE FAR
Who are Socioeconomically Disadvantaged Parties?
Socioeconomically disadvantaged parties include groups who have been systemically over time
“subject to ‘racial or ethnic prejudice or cultural bias’ within the larger American culture,
including:
African Americans
Asian Pacific Americans
Hispanic Americans
Native Americans
Subcontinent Asian Americans
Members of other groups may qualify if they can satisfactorily demonstrate they meet
established criteria.”
https://www.airforcesmallbiz.af.mil/Program-Overview/Small-Disadvantaged-Businesses-8-a/#:~:text=Socially%20disadvantaged%20groups%20are%20those,Hispanic%20Americans

2024 Webinar Series
THE FAR
Subpart 26.1 is comprised of 4 primary sections, with subsections
scope, policy, definitions, among other details as follows:
Subpart 26.100 – Scope of subpart:
Subpart 26.101 – Definitions
Subpart 26.102 – Policy
Subpart 26.103 – Procedures
Subpart 26.104 – Contract Clause

2024 Webinar Series
THE FAR
This subpart implements 25 U.S.C.1544, which provides an incentive to prime contractors that
use Indian organizations and Indian-owned economic enterprises as subcontractors.
https://www.acquisition.gov/far/part-26#FAR_26_100

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THE FAR
Indian Incentive Program - Subpart 26.101 – Definitions
Indian means any person who is a member of any Indian tribe, band, group, pueblo, or community that is recognized by the Federal
Government as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with 25 U.S.C.1452(c) and any
"Native" as defined in the Alaska Native Claims Settlement Act ( 43 U.S.C.1601).
Indian organization means the governing body of any Indian tribe or entity established or recognized by the governing body of
an Indian tribe for the purposes of 25 U.S.C., Chapter 17.
Indian-owned economic enterprise means any Indian-owned (as determined by the Secretary of the Interior) commercial, industrial, or
business activity established or organized for the purpose of profit, provided that Indian ownership constitutes not less than 51
percent of the enterprise.
Indian tribe means any Indian tribe, band, pueblo, or community, including native villages and native groups (including corporations
organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, that is recognized by the
Federal Government as eligible for services from BIA in accordance with 25 U.S.C.1452(c).
Interested party means a prime contractor or an actual or prospective offeror whose direct economic interest would be affected by the
award of a subcontract or by the failure to award a subcontract.

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Indian Incentive Program - Subpart 26.102 – Policy
Indian organizations and Indian-owned economic enterprises shall have the
maximum practicable opportunity to participate in performing contracts
awarded by Federal agencies.
In fulfilling this requirement, the Indian Incentive Program allows an incentive
payment equal to 5 percent of the amount paid to a subcontractor in
performing the contract, if the contract so authorizes AND the subcontractor is
an Indian organization or Indian-owned economic enterprise.

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THE FAR
Indian Incentive Program - Subpart 26.103 –
Procedures
(a) Contracting officers and prime contractors, acting in good faith, may rely on the representation
of an Indian organization or Indian-owned economic enterprise as to its eligibility, unless
an interested party challenges its status, or the contracting officer has independent reason to
question that status.
(b) – Provides who (along with the address) to raise any challenges on status and the process by
the Bureau of Indian Affairs (BIA) to address the challenge to include how a challenge filing is
deemed “timely”.
Timely challenge (a) is in writing; (b) identify the basis for the challenge; (c) provide
detailed evidence supporting claim; and (d) be filed and received by the CO prior to
award of the subcontract.

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THE FAR
Indian Incentive Program - Subpart 26.103 – Procedures
(Continued)

2024 Webinar Series
THE FAR
Indian Incentive Program - Subpart 26.104 – Contract Clause.
Contracting officers in civilian agencies may insert the clause at 52.226-
1, Utilization of Indian Organizations and Indian-Owned Economic
Enterprises, in solicitations and contracts if-
(a) In the opinion of the contracting officer, subcontracting
possibilities exist for Indian organizations or Indian-owned
economic enterprises; and
(b) Funds are available for any increased costs as described in
paragraph (b)(2) of the clause at 52.226-1.

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THE FAR
Subpart 26.2 - Major Disaster or Emergency Assistance Activities

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26.200 – Scope of Subpart
This subpart implements the Robert T. Stafford Disaster Relief
and Emergency Assistance Act ( 42U.S .C.5150), which provides a preference
for local organizations, firms, and individuals when contracting for major
disaster or emergency assistance activities.
Robert T Stafford Disaster Relief and Emergency Assistance Act constitutes
the statutory authority for most Federal disaster response activities especially as they
pertain to FEMA and FEMA programs. https://www.fema.gov/disaster/stafford-act

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Subpart 26.2 - Major Disaster or Emergency Assistance Activities (Cont.)

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THE FAR
26.205 Disaster Response Registry
(a) Contracting officers shall consult the Disaster Response Registry via https://www.sam.gov to
determine the availability of contractors for debris removal, distribution of supplies, reconstruction, and
other disaster or emergency.
(b) A list of prospective vendors voluntarily participating in the Disaster Response Registry can be
retrieved using the System for Award Management (SAM) search tool, which can be accessed
via https://www.sam.gov, Search Records, Advanced Search, Disaster Response Registry Search.
These vendors may be identified by selecting the criteria for "Disaster Response Contractors".
Contractors are required to register in SAM in order to gain access to the Disaster Response Registry
emergency relief activities inside the United States and outlying areas.

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2024: The FAR, Federal Acquisition Regulations - Part 26

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2024: The FAR, Federal Acquisition Regulations - Part 26