Contract clause
Include clause 52.209-14 in contracts with higher education institutions over the simplified acquisition threshold, unless acquiring commercial products or services under FAR Part 12.
Overview
FAR 9.110-5 requires contracting officers to include the clause at 52.209-14, "Reserve Officer Training Corps and Military Recruiting on Campus," in solicitations and contracts with institutions of higher education when the contract is expected to exceed the simplified acquisition threshold and is funded by a covered agency. This clause is not required for contracts using FAR Part 12 procedures for commercial products and services. The regulation ensures compliance with statutory requirements related to military recruiting and ROTC access at educational institutions receiving federal funds.
Key Rules
- Clause Inclusion Requirement
- The 52.209-14 clause must be inserted in applicable solicitations and contracts.
- Applicability Threshold
- Applies only to contracts expected to exceed the simplified acquisition threshold.
- Institution Type
- Applies to contracts with institutions of higher education.
- Funding Source
- Only required when using funds from a covered agency.
- Exemption for Commercial Acquisitions
- Does not apply to contracts using FAR Part 12 for commercial products and services.
Responsibilities
- Contracting Officers: Must determine applicability and ensure the clause is included in qualifying solicitations and contracts.
- Contractors (Institutions of Higher Education): Must comply with the requirements of the clause if included in their contract.
- Agencies: Must ensure oversight and compliance with statutory requirements regarding ROTC and military recruiting access.
Practical Implications
- This section ensures federal funds are only awarded to institutions of higher education that comply with ROTC and military recruiting access requirements.
- Contracting officers must carefully assess contract value, institution type, and funding source to determine if the clause is required.
- Failure to include the clause when required can result in noncompliance with federal law and potential funding issues.