9.110-1 Definitions
Source: FAR 9.110-1 on acquisition.gov
FAR 9.110-1 defines which agencies and educational institutions are subject to ROTC and military recruiting requirements in federal contracts, ensuring proper compliance.
Overview
FAR 9.110-1 provides definitions for key terms used in the context of Reserve Officer Training Corps (ROTC) and military recruiting on campus requirements. Specifically, it clarifies what constitutes a "covered agency" and an "institution of higher education" for the purposes of compliance with related federal contracting regulations. Understanding these definitions is essential for determining when and how the requirements of FAR 9.110 apply to federal contracts involving educational institutions and certain federal agencies.
Key Rules
- Covered Agency Definition
- Lists specific federal departments and agencies (e.g., Department of Defense, Department of Homeland Security, Department of Transportation, CIA, etc.) that are subject to the requirements of this section.
- Institution of Higher Education Definition
- Refers to the statutory definition at 20 U.S.C. 1001, ensuring that all sub-elements of such institutions are included for compliance purposes.
Responsibilities
- Contracting Officers: Must ensure that contracts involving covered agencies and institutions of higher education apply the correct definitions and comply with related requirements.
- Contractors: Should be aware of whether their institution or agency is covered under these definitions to determine applicable obligations.
- Agencies: Must identify themselves as covered agencies when applying ROTC and military recruiting requirements in contracts.
Practical Implications
- This section exists to provide clarity on which entities are subject to ROTC and military recruiting compliance requirements in federal contracting.
- Accurate identification of covered agencies and institutions of higher education is critical to avoid compliance errors.
- Misinterpretation of these definitions can lead to improper application of contract clauses or missed obligations.
As used in this section—
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.