9.110-3 Policy
Source: FAR 9.110-3 on acquisition.gov
Federal contracts cannot be awarded to higher education institutions that restrict ROTC or military recruiting access, unless specific exceptions apply.
Overview
FAR 9.110-3 establishes the policy that, under 10 U.S.C. 983, covered federal agencies are prohibited from awarding contracts to institutions of higher education if the Secretary of Defense determines that the institution restricts or prevents military recruiting or ROTC activities on campus. This includes prohibiting ROTC units, restricting student enrollment in ROTC at other institutions, limiting recruiter access to campus or students, or withholding student information from military recruiters. Exceptions exist if the institution ceases such restrictive practices or has a long-standing pacifist policy based on historical religious affiliation.
Key Rules
- Prohibition on Funding
- Agencies cannot provide contract funds to higher education institutions that restrict ROTC or military recruiting as determined by the Secretary of Defense.
- Covered Activities
- Restrictions include barring ROTC units, limiting student ROTC enrollment elsewhere, restricting recruiter access, or withholding student information (e.g., contact details, academic data).
- Exceptions
- The prohibition does not apply if the institution ends the restrictive policy or has a historical religious pacifist affiliation.
Responsibilities
- Contracting Officers: Must verify that institutions of higher education are not subject to the prohibition before awarding contracts.
- Contractors (Institutions): Must not have policies or practices that restrict ROTC or military recruiting access as described.
- Agencies: Must enforce compliance and consult with the Secretary of Defense for determinations and exceptions.
Practical Implications
- Ensures federal funds are not used to support institutions that limit military recruiting or ROTC programs.
- Contracting officers must conduct due diligence regarding institutional policies before contract award.
- Institutions risk loss of federal contract eligibility if found noncompliant.
(a) Except as provided in paragraph (b) of this section, https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section983&num=0&edition=prelim" target="_blank">10 U.S.C. 983 prohibits the covered agency from providing funds by contract to an institution of higher education if the Secretary of Defense determines that the institution has a policy or practice 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;
(2) A student at 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 in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employer; or
(4) Military recruiters from accessing certain 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.
(b) The prohibition in paragraph (a) of this section 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 (a) of this section; or
(2) The institution has a long-standing policy of pacifism based on historical religious affiliation.