FAR 9.110-1—Definitions.
Plain-English Summary
FAR 9.110-1 is a definitions section that establishes the scope of two key terms used in this subpart: “covered agency” and “institution of higher education.” It identifies exactly which federal agencies are treated as covered agencies for purposes of the rule, including the Department of Defense, certain agencies funded through the Labor-HHS-Education appropriations act, the Department of Homeland Security, the National Nuclear Security Administration, the Department of Transportation, and the Central Intelligence Agency. It also defines “institution of higher education” by cross-referencing 20 U.S.C. 1001 and clarifies that the term includes all sub-elements of such an institution. In practice, these definitions matter because they determine when the requirements and restrictions in this FAR subpart apply, especially in procurements involving educational institutions and the listed agencies. Contractors, contracting officers, and agency personnel must use these definitions to decide whether a transaction falls within the rule’s coverage and whether an entity qualifies as an institution of higher education for compliance purposes.
Key Rules
Covered agency list
Only the agencies specifically named in the definition are “covered agencies.” If an agency is not on the list, this section does not treat it as covered for purposes of this subpart.
DoD included
The Department of Defense is expressly included as a covered agency. This means procurements involving DoD are within the scope of the subpart when the other conditions of the rule are met.
Labor-HHS-Education funded agencies
Any department or agency funded through the Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act is covered. The definition is tied to the appropriations source, so coverage can depend on how the agency is funded.
Other named agencies covered
The Department of Homeland Security, the National Nuclear Security Administration of the Department of Energy, the Department of Transportation, and the Central Intelligence Agency are all specifically included as covered agencies.
Higher education definition by statute
An institution of higher education is one that meets the requirements of 20 U.S.C. 1001. The FAR does not create a separate definition here; it incorporates the statutory definition by reference.
Sub-elements included
The term institution of higher education includes all sub-elements of the institution. This means colleges, schools, centers, or other components that are part of the qualifying institution are treated as included.
Responsibilities
Contracting Officer
Determine whether the procuring agency is a covered agency and whether the entity involved qualifies as an institution of higher education under the statutory definition. Use these definitions to decide whether the subpart applies and to document the basis for coverage decisions.
Contractor
Identify whether the customer agency is one of the listed covered agencies and whether any educational institution involved meets the statutory definition. Use that determination to assess compliance obligations and proposal or performance requirements under the subpart.
Agency
Apply the definition of covered agency consistently based on agency identity or appropriations source, and ensure internal components are treated consistently with the inclusion of sub-elements for institutions of higher education.
Institution of higher education
Confirm whether the organization meets 20 U.S.C. 1001 and recognize that its sub-elements are included within the term. Provide accurate organizational information when coverage under this subpart depends on institutional status.
Practical Implications
This section is a threshold coverage provision: before applying the rest of the subpart, users must confirm whether the agency is covered and whether an educational entity qualifies under the statutory definition.
A common pitfall is assuming all federal agencies are covered; they are not. Only the agencies listed in the definition, plus agencies funded through the specified appropriations act, are included.
Another frequent issue is overlooking the appropriations-based test for certain agencies. Coverage may depend on the funding source, so users should not rely only on the agency name.
For educational institutions, the FAR points to 20 U.S.C. 1001 rather than giving a standalone definition, so users must check the statute and not rely on informal labels like “university” or “college.”
Because sub-elements are included, contracting personnel should not treat a school, department, laboratory, or center within a qualifying institution as outside the definition if it is part of the institution.
Official Regulatory Text
As used in this section— 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.