52.209-14
Reserve Officer Training Corps and Military Recruiting on Campus
Institutions of higher education must allow ROTC and military recruiting access to remain eligible for federal contracts with covered agencies.
Overview
FAR 52.209-14 establishes requirements for institutions of higher education seeking contracts with certain federal agencies, ensuring compliance with military recruiting and Reserve Officer Training Corps (ROTC) access. The clause prohibits contract awards to institutions that restrict ROTC units, student participation in ROTC, or military recruiting activities and access to student information, unless specific exceptions apply. The regulation aims to enforce federal policy supporting military recruitment and ROTC programs on campuses.
Key Rules
- Eligibility Limitation
- Institutions of higher education are ineligible for contract awards from covered agencies if they have policies or practices that prohibit or prevent ROTC units, student ROTC participation, or military recruiting/access to student information.
- Covered Agencies
- Applies to contracts with the Department of Defense, Department of Homeland Security, Department of Transportation, CIA, National Nuclear Security Administration, and agencies funded by certain appropriations acts.
- Exceptions
- Institutions are exempt if they have ceased the restrictive policy/practice or have a long-standing pacifist policy based on historical religious affiliation.
- Consequences of Noncompliance
- Violating institutions become ineligible for further payments and may have contracts terminated for default, except for contracts at or below the simplified acquisition threshold or for commercial products/services.
Responsibilities
- Contracting Officers: Must verify institutional compliance before award and enforce consequences for violations.
- Contractors (Institutions): Must not restrict ROTC or military recruiting and must provide required student information access.
- Agencies: Must monitor compliance and act on determinations by the Secretary of Defense.
Practical Implications
- Ensures federal funds are not awarded to institutions that hinder military recruiting or ROTC programs.
- Institutions must review and align campus policies with federal requirements to remain eligible for contracts.
- Noncompliance can result in significant financial and contractual penalties, including contract termination and payment ineligibility.