FAR 9.110-5—Contract clause.
Plain-English Summary
FAR 9.110-5 tells contracting officers when they must include the clause at 52.209-14, Reserve Officer Training Corps and Military Recruiting on Campus, in solicitations and contracts. The section applies only when the procurement is expected to exceed the simplified acquisition threshold, the award is with an institution of higher education, and the agency is using funds from a covered agency. It also makes clear that this clause is not prescribed when the acquisition is conducted under FAR part 12 for commercial products or commercial services. In practice, this provision implements statutory campus access requirements tied to ROTC and military recruiting, so it is a compliance checkpoint for higher-education awards rather than a general clause for all contracts. Contracting officers must screen for the type of institution, funding source, dollar threshold, and acquisition method before deciding whether the clause belongs in the solicitation and resulting contract.
Key Rules
Insert the required clause
The contracting officer shall include clause 52.209-14, Reserve Officer Training Corps and Military Recruiting on Campus, in the solicitation and contract when the rule applies. This is mandatory, not discretionary.
Applies above the simplified acquisition threshold
The requirement only applies to solicitations and contracts expected to exceed the simplified acquisition threshold. If the expected value is at or below that threshold, this prescription does not apply.
Limited to higher education institutions
The clause is prescribed only for awards with institutions of higher education. It does not apply to other types of contractors.
Requires covered agency funds
The procurement must use funds from a covered agency for the clause to be required. If the funding source is not from a covered agency, this section does not trigger the clause.
Not used for FAR part 12 buys
The clause is not prescribed for solicitations and contracts using FAR part 12 procedures for commercial products or commercial services. Commercial-item acquisitions under part 12 are excluded from this prescription.
Responsibilities
Contracting Officer
Determine whether the acquisition exceeds the simplified acquisition threshold, whether the award is to an institution of higher education, whether covered agency funds are being used, and whether FAR part 12 applies. If all conditions are met, insert clause 52.209-14 in both the solicitation and the contract.
Agency
Ensure procurement personnel understand when the clause is required and identify whether the funds being used are from a covered agency. Support accurate acquisition planning and clause selection.
Institution of Higher Education
Review the solicitation and contract for the required clause and comply with the resulting campus access obligations if awarded a contract subject to 52.209-14.
Practical Implications
This is a clause-selection check that should be made early in acquisition planning, not after award.
A common mistake is assuming every university contract needs the clause; the threshold, funding source, and acquisition method all matter.
Another pitfall is overlooking the part 12 exclusion for commercial products and commercial services.
Contracting officers should document the basis for including or excluding the clause, especially when the acquisition is near the simplified acquisition threshold or involves mixed funding.
Because the clause is tied to campus recruiting and ROTC access, higher-education awards can raise sensitivity and compliance questions that should be addressed before solicitation release.
Official Regulatory Text
The contracting officer shall insert the clause at 52.209-14 , Reserve Officer Training Corps and Military Recruiting on Campus, in solicitations and contracts that are expected to exceed the simplified acquisition threshold, with institutions of higher education, when using funds from a covered agency. The clause is not prescribed for solicitations and contracts using part 12 for the acquisition of commercial products and commercial services.