FAR 52.209-14—Reserve Officer Training Corps and Military Recruiting on Campus.
Plain-English Summary
FAR 52.209-14 implements a statutory campus access and ROTC policy restriction for certain higher-education institutions that seek federal contract awards. The clause defines which agencies are covered, what counts as an institution of higher education, and the specific policies or practices that can make an institution ineligible for award if they block Senior ROTC units, student enrollment in ROTC at another school, military or Homeland Security recruiting access to campus or students age 17 and older, or recruiter access to specified student directory information. It also describes two exceptions: when the institution has stopped the disqualifying policy or practice, and when the institution has a long-standing pacifist policy based on historical religious affiliation. In addition, it sets out the consequences of a Defense Department determination that the institution violated the clause, including ineligibility for further payments under contracts with covered agencies and mandatory default termination of the contract. In practice, this clause is a responsibility and eligibility screen for colleges and universities, and it gives the Government a strong enforcement tool when campus access restrictions conflict with military recruiting requirements.
Key Rules
Covered agencies only
The clause applies to contracts with specified covered agencies, including DoD, DHS, DOE/NNSA, DOT, CIA, and certain agencies funded through the Labor-HHS-Education appropriations act. The payment and award consequences in the clause are tied to contracts with these agencies.
Higher-education definition
The restriction applies only to an institution of higher education as defined by 20 U.S.C. 1001, including all of its sub-elements. That means the rule can reach the institution as a whole and its components, not just the main campus.
ROTC access restriction
An institution is ineligible for award if it has a policy or practice that prohibits or effectively prevents a military department from maintaining, establishing, or operating a Senior ROTC unit at the institution or any sub-element. The rule also covers blocking a student from enrolling in Senior ROTC at another institution.
Military recruiting access restriction
The clause also bars institutions that prevent military department or Homeland Security recruiters from accessing campuses or students age 17 and older for recruiting purposes. This is a separate basis for ineligibility from ROTC access.
Student information access
Institutions may not have a policy or practice that blocks recruiters from obtaining specified information about students age 17 and older, including name, address, telephone listings, date and place of birth, educational level, academic majors, degrees received, and most recent school attended.
Exceptions to ineligibility
The limitation does not apply if the Secretary of Defense determines the institution has stopped the disqualifying policy or practice, or if the institution has a long-standing pacifist policy based on historical religious affiliation. These exceptions can restore eligibility.
Payment suspension and default
If the Secretary of Defense determines the institution violated the clause, the institution becomes ineligible for further payments under this and other contracts with the agency and other covered agencies, except for contracts at or below the simplified acquisition threshold and contracts for commercial products or commercial services. The Government must also terminate the contract for default for material failure to comply.
Responsibilities
Contracting Officer
Include the clause when prescribed and administer the contract consistent with the clause’s eligibility and enforcement consequences. If a Defense Department determination of violation is made, the contracting officer must treat the contract as subject to ineligibility for further payments and default termination requirements.
Institution of Higher Education / Contractor
Maintain policies and practices that do not prohibit or effectively prevent ROTC units, student ROTC enrollment at other institutions, military or Homeland Security recruiting access, or recruiter access to the listed student information. The institution must also ensure any sub-elements comply and must avoid practices that create ineligibility.
Secretary of Defense
Determine whether the institution has a disqualifying policy or practice, and whether an exception applies because the policy or practice has ceased or because the institution has a long-standing pacifist policy based on historical religious affiliation. The Secretary’s determination drives eligibility and enforcement.
Covered Agency
Apply the clause’s award and payment restrictions when the Secretary of Defense determines the institution is in violation. Covered agencies must also recognize the limited exceptions for SAT-threshold and commercial-product/commercial-service contracts.
Military Recruiters / Homeland Security Recruiters
Use the access rights contemplated by the clause to reach campuses and students age 17 and older, and obtain the specified student information for recruiting purposes, subject to applicable law and institutional access rules that do not conflict with the clause.
Practical Implications
Colleges and universities should review campus access, ROTC, and student-directory policies before bidding, because a policy that merely has the effect of blocking access can trigger ineligibility even if it is not written as an outright ban.
The clause reaches sub-elements of an institution, so a policy at a school, college, or campus unit can affect the entire institution’s eligibility.
Institutions should pay close attention to student data practices for students age 17 and older; withholding the listed information from recruiters can be a disqualifying practice.
A Defense Department determination can have immediate financial consequences across multiple covered agencies, not just the agency that awarded the contract.
If a disqualifying policy has been changed, the institution should document the change and any supporting evidence, because eligibility turns on whether the Secretary of Defense determines the policy or practice has ceased or qualifies for the pacifism exception.
Official Regulatory Text
As prescribed in 9.110-5 , insert the following clause: Reserve Officer Training Corps and Military Recruiting on Campus (Nov 2021) (a) Definitions. As used in this clause— Covered agency means— (1) The Department of Defense; (2) Any department or agency for which regular appropriations are made in a Department of Labor, Health and Human Services; and Education, and Related Agencies Appropriations Act; (3) The Department of Homeland Security; (4) The National Nuclear Security Administration of the Department of Energy; (5) The Department of Transportation; or (6) The Central Intelligence Agency. Institution of higher education means an institution that meets the requirements of 20 U.S.C. 1001 and includes all sub-elements of such an institution. (b) Limitation on contract award . Except as provided in paragraph (c) of this clause, an institution of higher education is ineligible for contract award if the Secretary of Defense determines that the institution has a policy or practice (regardless of when implemented) 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 (or any sub-element of that institution); (2) A student at that institution (or any sub-element of 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; or (4) Military recruiters from accessing, for purposes of military recruiting, the following 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. (c) Exception . The limitation in paragraph (b) of this clause 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 (b) of this clause; or (2) The institution has a long-standing policy of pacifism based on historical religious affiliation. (d) Notwithstanding any other clause of this contract, if the Secretary of Defense determines that the institution has violated the contract in paragraph (b) of this clause— (1) The institution will be ineligible for further payments under this and any other contracts with this agency and any other covered agency, except for contracts at or below the simplified acquisition threshold or contracts for the acquisition of commercial products or commercial services; and (2) The Government will terminate this contract for default for the institution's material failure to comply with the terms and conditions of award. (End of clause)