Why Part 26 Matters

These programs provide additional contracting preferences and set-aside authorities beyond the standard small business programs. The local area set-aside for major disaster or emergency assistance activities under Subpart 26.2 can significantly restrict competition to affected areas. Contractors should understand these preferences as they may create subcontracting opportunities or affect eligibility for certain procurements.

Key Topics in Part 26

FAR Part 26 addresses several critical areas of the federal acquisition process. Understanding these topics is essential for both contracting officers and contractors working within this regulatory framework.

• Indian Incentive Program (Subpart 26.1)
• Disaster or emergency assistance set-asides (Subpart 26.2)
• HBCUs and minority institutions (Subpart 26.3)
• Local area preference in disaster response
• Socioeconomic subcontracting goals

How FAR Part 26 Applies

The Federal Acquisition Regulation is organized into 53 parts, each covering a distinct area of the procurement process. Part 26 (Other Socioeconomic Programs) is part of this framework and works in conjunction with other FAR parts to create a comprehensive regulatory structure. Contracting officers must comply with all applicable parts when executing procurement actions, and contractors must understand the requirements that flow from these regulations into their contracts.

The requirements in Part 26 may be implemented through specific contract clauses prescribed in FAR Part 52. When a clause references Part 26, the substantive requirements originate here, while Part 52 provides the actual clause language incorporated into contracts and solicitations.

Subparts

FAR Part 26 is divided into 6 subparts, each addressing a specific aspect of other socioeconomic programs.

• 26.1 — Indian Incentive Program
• 26.2 — Major Disaster or Emergency Assistance Activities
• 26.3 — Historically Black Colleges and Universities and Minority Institutions
• 26.4 — Food Donations to Nonprofit Organizations
• 26.5 — Drug-Free Workplace
• 26.6 — Encouraging Contractor Policies to Ban Text Messaging While Driving

Reading FAR Part 26

The full text of FAR Part 26 is available on the Electronic Code of Federal Regulations (eCFR). The eCFR provides the most current version of the regulation, including any recent amendments published through Federal Acquisition Circulars (FACs). For historical versions, use the eCFR's point-in-time search feature.

• What does FAR Part 26 cover?

  FAR Part 26 covers other socioeconomic programs within the federal acquisition process. FAR Part 26 addresses other socioeconomic programs not covered in Part 19, including Indian Incentive Program (Subpart 26.1), Historically Black Colleges and Universities and Minority Institutions (Subpart 26.3), and disaster or emergency assistance activities (Subpart 26.2). It provides a framework for promoting broader socioeconomic objectives through the federal acquisition process.

• Who must comply with FAR Part 26?

  FAR Part 26 applies to all executive branch agencies conducting acquisitions, unless a specific exemption exists. Contractors must comply with the requirements that are incorporated into their contracts through prescribed clauses from FAR Part 52. Agency-specific supplements (DFARS, GSAM, etc.) may add additional requirements beyond the base FAR.

• Where can I read the full text of FAR Part 26?

  The full text is available on the Electronic Code of Federal Regulations (eCFR). You can also access it through acquisition.gov, which is maintained by the General Services Administration. Both sources reflect the most current version of the regulation.

• How does FAR Part 26 relate to contract clauses?

  FAR Part 26 establishes the substantive policies and procedures. The actual clause language that gets incorporated into contracts is found in FAR Part 52. Each clause in Part 52 includes a "prescription" that references the relevant policy part, creating a direct link between the requirement and its implementation in the contract.