Procedures
Covered agencies must not contract with higher education institutions excluded by the Secretary of Defense for noncompliance with military recruiting or ROTC access, except for certain small or commercial acquisitions.
Overview
FAR 9.110-4 outlines the procedures federal agencies must follow when the Secretary of Defense determines that an institution of higher education is ineligible to receive federal funds due to noncompliance with military recruiting or ROTC access requirements. The regulation mandates that such institutions be excluded from receiving contracts from covered agencies, with specific steps for creating exclusion records and prohibiting contract actions.
Key Rules
- Exclusion Record Creation
- The Secretary of Defense must create an active exclusion record for the noncompliant institution in the System for Award Management (SAM).
- Prohibition on Contracting
- Covered agencies are prohibited from soliciting offers from, awarding contracts to, or consenting to subcontracts with the excluded institution. This prohibition does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and services, including COTS items.
Responsibilities
- Contracting Officers: Must check SAM for exclusion records and ensure no solicitations, awards, or consents to subcontracts are made to excluded institutions, except for specified exceptions.
- Contractors: Must avoid proposing or subcontracting with excluded institutions unless the acquisition qualifies for an exception.
- Agencies: Must enforce the prohibition and ensure compliance with the exclusion procedures.
Practical Implications
- This regulation ensures compliance with military recruiting and ROTC access requirements by leveraging federal contracting as an enforcement tool.
- Contracting professionals must be diligent in checking exclusion records and understanding the exceptions to avoid improper awards.
- Common pitfalls include overlooking the exceptions or failing to verify exclusion status in SAM.