[Code of Federal Regulations]
[Title 48, Volume 6]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR1852.219-76]

[Page 285-286]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
        CHAPTER 18--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
 
Sec. 1852.219-76  NASA 8 percent goal.

    As prescribed in 1819.7003 insert the following clause:

                     NASA 8 Percent Goal (JUL 1997)

    (a) Definitions.
    Historically Black Colleges or University, as used in this clause 
means an institution determined by the Secretary of Education to meet 
the requirements of 34 CFR Section 608.2. The term also includes any 
nonprofit research institution that was an integral part of such a 
college or university before November 14, 1986.
    Minority institutions, as used in this clause, means an institution 
of higher education meeting the requirements of section 1046(3) of the 
Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)) which for the 
purposes of this clause includes a Hispanic-serving institution of 
higher education as defined in section 316(b)(1) of the Act (20 U.S.C. 
1059c(b)(1)).
    Small disadvantaged business concern, as used in this clause, means 
a small business concern that (1) is at least 51 percent unconditionally 
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 unconditionally owned by one or more socially and 
economically disadvantaged individuals, and (2) has its management and 
daily business controlled by one or more such individuals.

[[Page 286]]

This term also means a small business concern that is at least 51 
percent unconditionally owned by an economically disadvantaged Indian 
tribe or Native Hawaiian Organization, or a publicly owned business 
having at least 51 percent of its stock unconditionally owned by one or 
more of these entities, which has its management and daily business 
controlled by members of an economically disadvantaged Indian tribe or 
Native Hawaiian Organization, and which meets the requirements of 13 CFR 
124.
    Women-owned small business concern, as used in this clause, means a 
small business concern (1) which is at least 51 percent owned by one or 
more women or, in the case of any publicly owned business, at least 51 
percent of the stock of which is owned by one or more women, and (2) 
whose management and daily business operations are controlled by one or 
more women.
    (b) The NASA Administrator is required by statute to establish 
annually a goal to make available to small disadvantaged business 
concerns, Historically Black Colleges and Universities, minority 
institutions, and women-owned small business concerns, at least 8 
percent of NASA's procurement dollars under prime contracts or 
subcontracts awarded in support of authorized programs, including the 
space station by the time operational status is obtained.
    (c) The contractor hereby agrees to assist NASA in achieving this 
goal by using its best efforts to award subcontracts to such entities to 
the fullest extent consistent with efficient contract performance.
    (d) Contractors acting in good faith may rely on written 
representations by their subcontractors regarding their status as small 
disadvantaged business concerns, Historically Black Colleges and 
Universities, minority institutions, and women-owned small business 
concerns.

                             (End of clause)

[62 FR 36733, July 9, 1997; 62 FR 40309, July 28, 1997]