52.209-14 Reserve Officer Training Corps and Military Recruiting on Campus
Source: FAR 52.209-14 on acquisition.gov
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.
As prescribed in 9.110-5 , insert the following clause:
Reserve Officer Training Corps and Military Recruiting on Campus (Nov 2021)
(a) Definitions. As used in this clause—
Covered agency means—
(1)The Department of Defense;
(2)Any department or agency for which regular appropriations are made in a Department of Labor, Health and Human Services; and Education, and Related Agencies Appropriations Act;
(3)The Department of Homeland Security;
(4)The National Nuclear Security Administration of the Department of Energy;
(5)The Department of Transportation; or
(6)The Central Intelligence Agency.
Institution of higher education means an institution that meets the requirements of https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim" target="_blank">20 U.S.C. 1001 and includes all sub-elements of such an institution.
(b) Limitation on contract award. Except as provided in paragraph (c) of this clause, an institution of higher education is ineligible for contract award if the Secretary of Defense determines that the institution has a policy or practice (regardless of when implemented) that prohibits or in effect prevents—
(1) The Secretary of a military department from maintaining, establishing, or operating a unit of the Senior Reserve Officer Training Corps (ROTC) at that institution (or any sub-element of that institution);
(2) A student at that institution (or any sub-element of that institution) from enrolling in a unit of the Senior ROTC at another institution of higher education;
(3) The Secretary of a military department or the Secretary of Homeland Security from gaining access to campuses, or access to students (who are 17 years of age or older) on campuses, for purposes of military recruiting; or
(4) Military recruiters from accessing, for purposes of military recruiting, the following information pertaining to students (who are 17 years of age or older) enrolled at that institution:
(i) Name, address, and telephone listings.
(ii) Date and place of birth, educational level, academic majors, degrees received, and the most recent educational institution enrolled in by the student.
(c) Exception. The limitation in paragraph (b) of this clause does not apply to an institution of higher education if the Secretary of Defense determines that—
(1) The institution has ceased the policy or practice described in paragraph (b) of this clause; or
(2) The institution has a long-standing policy of pacifism based on historical religious affiliation.
(d) Notwithstanding any other clause of this contract, if the Secretary of Defense determines that the institution has violated the contract in paragraph (b) of this clause—
(1) The institution will be ineligible for further payments under this and any other contracts with this agency and any other covered agency, except for contracts at or below the simplified acquisition threshold or contracts for the acquisition of commercial products or commercial services; and
(2) The Government will terminate this contract for default for the institution's material failure to comply with the terms and conditions of award.
(End of clause)