9.110-3
Policy
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.