FAR 9.110-2—Authority
Plain-English Summary
FAR 9.110-2 is an authority statement, not a substantive procedural rule. It tells readers that the policy in this subpart is issued to implement 10 U.S.C. 983, the statutory restriction on using certain Department of Defense funds for contracts with institutions of higher education that maintain or operate a campus on which military recruiting or Reserve Officer Training Corps access is denied. In practical terms, this section establishes the legal basis for the rest of the subpart and signals that the rules that follow are mandatory because they are grounded in statute. It does not itself create a separate test, approval process, or exception; instead, it anchors the subpart’s coverage, scope, and enforcement to the underlying law. For contracting officers and contractors, the significance is that any action under this subpart must be read as a statutory compliance requirement, not merely a discretionary policy choice.
Key Rules
Statutory basis only
This section does not impose an operational requirement by itself. It simply states that the subpart is issued under authority of 10 U.S.C. 983.
Implements DoD restriction
The authority ties the FAR provision to the statutory prohibition affecting certain contracts with institutions of higher education. Users should look to the rest of the subpart for the actual compliance rules.
Mandatory because of statute
Because the section implements a statute, the related requirements are not optional agency preferences. Contracting personnel must treat the subpart as a legal restriction when it applies.
Responsibilities
FAR Council / Regulatory drafters
Use this section to identify the legal authority for the subpart and ensure the FAR text aligns with 10 U.S.C. 983.
Contracting Officers
Recognize that the subpart’s requirements are grounded in statute and apply the operative provisions of the subpart when making award and funding decisions.
Contractors
Understand that any obligations or restrictions in the related subpart arise from statutory authority and may affect eligibility for certain DoD-funded contracts.
Agencies
Apply the subpart consistently with the statute and ensure internal procedures, solicitations, and award decisions reflect the statutory basis.
Practical Implications
This section is mainly a legal signpost: it tells you where the authority comes from, but you must read the surrounding subpart to find the actual prohibition or compliance steps.
A common mistake is treating the authority statement as if it were the rule itself; it is not. The enforceable requirements are in the implementing provisions that follow.
Contracting officers should use this citation to confirm that any restrictions in the subpart are mandatory and tied to statute, which limits discretion to waive or ignore them.
Contractors should not rely on this section alone to assess risk; they need to review the full subpart and any agency supplements or solicitation clauses that implement the statutory restriction.
Official Regulatory Text
This section implements 10 U.S.C. 983 .