[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: 48CFR752.226-2]



[Page 62]

 

            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. 752.226-2  Subcontracting with disadvantaged enterprises.



    As prescribed in 726.7007, insert the following clause:



        Subcontracting With Disadvantaged Enterprises (APR 1997)



    Note: This clause does not apply to prime contractors that qualify 

as disadvantaged enterprises as described below.

    (a) Not less than ten (10) percent of the dollar value of this 

contract shall be subcontracted to disadvantaged enterprises as 

described in paragraph (b) of this clause.

    (b) Disadvantaged enterprises are U.S. organizations or individuals 

that are:

    (1) Business concerns (as defined in FAR 19.001) owned and 

controlled by socially and economically disadvantaged individuals;

    (2) Institutions designated by the Secretary of Education, pursuant 

to 34 CFR 608.2, as historically black colleges and universities:

    (3) Colleges and universities having a student body in which more 

than 40 percent of the students are Hispanic American; or

    (4) Private voluntary organizations which are controlled by 

individuals who are socially and economically disadvantaged.

    (c) Definitions. (1) Controlled by socially and economically 

disadvantaged individuals means management and daily business are 

controlled by one or more such individuals.

    (2) 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.

    (3) Socially and economically disadvantaged individuals has the same 

meaning as in FAR 19.001, except that the term also includes women.

    (d) Contractors should require representations from their 

subcontractors regarding their status as a disadvantaged enterprise. 

Contractors acting in good faith may rely on such representations by 

their subcontractors.



                             (End of clause)



[56 FR 27210, June 13, 1991, as amended at 62 FR 40470, July 29, 1997]