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FAR and DFARS › FAR Part 9: Contractor Qualifications › Subpart 9.1

FAR 9.110-3 Policy.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section implements a law that bars certain agencies from giving contract funds to colleges or universities that block military ROTC or recruiting access. It matters to contractors because if they use such an institution as a subcontractor or perform at such a campus, the funding could be prohibited unless an exception applies.

Applies to: Institutions of higher education receiving contract funds from a covered agency

Key terms: covered agency · institution of higher education · Senior Reserve Officer Training Corps (ROTC) · military recruiting · long-standing policy of pacifism

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Except as provided in paragraph (b) of this section, 10 U.S.C. 983 prohibits the covered agency from providing funds by contract to an institution of higher education if the Secretary of Defense determines that the institution has a policy or practice 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;

(2) A student at 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 in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employer; or

(4) Military recruiters from accessing certain 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.

(b) The prohibition in paragraph (a) of this section 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 (a) of this section; or

(2) The institution has a long-standing policy of pacifism based on historical religious affiliation.

Sections that refer to it

← 9.110-2 Authority. · 9.110-4 Procedures. →

Rule changes for FAR Part 9

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 9.110-3 Policy · SpendQuery