[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR752.226-1]



[Page 61]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 752_SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents

 

              Subpart 752.2_Texts of Provisions and Clauses

 

Sec. 752.226-1  Determination of status as disadvantaged enterprise.



    As prescribed in 726.7006(a), insert the following provision:



           Disadvantaged Enterprise Representation (APR 1991)



    The offeror/contractor shall submit a representation in the 

following form to the contracting officer:

    (a) Representation. The offeror represents that:

    (1) It [squ] is, [squ] is not a small disadvantaged business.

    (2) It [squ] is, [squ] is not an historically black college or 

university, as designated by the Secretary of Education pursuant to 34 

CFR 608.2.

    (3) It [squ] is, [squ] is not a college or university having a 

student body in which more than 40 percent of the students are Hispanic 

American.

    (4) It [squ] is, [squ] is not a private voluntary organization which 

is controlled by individuals who are socially and economically 

disadvantaged.

    (b) Definitions. (1) Asian Pacific Americans, as used in this 

provision means United States citizens whose origins are in Japan, 

China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust 

Territory of the Pacific Islands (Republic of Palau), the Northern 

Mariana Islands, Laos, Kampuchea (Cambodia), Taiwan, Burma, Thailand, 

Malaysia, Indonesia, Singapore, Brunei, Republic of the Marshall 

Islands, or the Federated States of Micronesia.

    (2) Controlled by socially and economically disadvantaged 

individuals means management and daily business are controlled by one or 

more such individuals.

    (3) Native Americans, as used in this provision means American 

Indians, Eskimos, Aleuts, and native Hawaiians.

    (4) Owned by socially and economically disadvantaged individuals 

means at least 51 percent owned by one or more individuals who are both 

socially and economically disadvantaged, or a publicly owned business 

having at least 51 percent of its stock owned by one or more socially 

and economically disadvantaged individuals.

    (5) Small business concern, as used in this provision, means a U.S. 

concern, including its affiliates, that is independently owned and 

operated, not dominant in the field of operation in which it is bidding 

on Government contracts, and qualifies as a small business under the 

criteria and size standards in 13 CFR part 121.

    (6) Small disadvantaged business, as used in this provision, means a 

small business concern that:

    (i) Is at least 51 percent owned by one or more individuals who are 

both socially and economically disadvantaged, or a publicly owned 

business having at least 51 percent of its stock owned by one or more 

socially and economically disadvantaged individuals; and

    (ii) Has its management and daily business controlled by one or more 

such individuals.

    (7) Subcontinent Asian Americans, as used in this provision, means 

United States citizens whose origins are in India, Pakistan, Bangladesh, 

Sri Lanka, Bhutan, or Nepal.

    (c) Qualified groups. The offeror shall presume that socially and 

economically disadvantaged individuals include Black Americans, Hispanic 

Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian 

Americans, and women.



                           (End of provision)



[56 FR 27209, June 13, 1991, as amended at 62 FR 40470, July 29, 1997]



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