Overview
This section implements 10 U.S.C. 983, which prohibits specific federal "covered agencies" from providing contract funds to institutions of higher education that obstruct military recruiting or Senior ROTC operations. It ensures that military recruiters receive campus and student information access equal to that provided to other employers.
Key Rules
- Prohibited Practices: Institutions lose eligibility if they prevent the establishment of ROTC units, stop students from enrolling in ROTC at other schools, or deny military recruiters access to campus and students (age 17+) equal in quality and scope to other employers.
- Data Access: Schools must provide military recruiters with specific student information, including names, addresses, phone listings, date/place of birth, and educational levels.
- Covered Agencies: The rule applies to funds from the DoD, DHS, DOT, CIA, NNSA, and any agency funded via Labor, HHS, and Education appropriations.
- Enforcement: Ineligible institutions are placed in the System for Award Management (SAM) exclusion records.
- Exceptions: The prohibition does not apply to institutions with a long-standing religious policy of pacifism or those that have ceased their restrictive practices.
- Exemptions: The restrictions and the required contract clause (52.209-14) do not apply to acquisitions at or below the simplified acquisition threshold (SAT) or to the acquisition of commercial products and services.
Practical Implications
- Contracting officers must verify an institution’s eligibility in SAM before awarding non-commercial contracts or consenting to subcontracts that exceed the simplified acquisition threshold.
- Higher education institutions must maintain open access for military recruiters to protect their eligibility for significant federal research and agency funding.