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

FAR 9.110-4 Procedures.

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 explains what happens when the Secretary of Defense determines that a college or university is ineligible for funds from a covered agency due to a policy or practice described in FAR 9.110-3. The Secretary creates an active exclusion record in the System for Award Management, and covered agencies generally cannot solicit offers from, award contracts to, or consent to subcontracts with that institution. The prohibition does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services, including commercially available off-the-shelf items.

Applies to: Institutions of higher education determined ineligible under 32 CFR part 216, and covered agencies

What it requires

  • The Secretary of Defense will create an active exclusion record for the institution in the System for Award Management
  • A covered agency shall not solicit offers from, award contracts to, or consent to subcontracts with the institution

Key terms: institution of higher education · covered agency · active exclusion record · System for Award Management · simplified acquisition threshold

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

The text

If the Secretary of Defense determines, pursuant to the procedures at 32 CFR part 216, that an institution of higher education is ineligible to receive funds from a covered agency because of a policy or practice described in 9.110-3—

(a) The Secretary of Defense will create an active exclusion record for the institution in the System for Award Management; and

(b) A covered agency shall not solicit offers from, award contracts to, or consent to subcontracts with the institution. The prohibition in this paragraph (b) does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services, including commercially available off-the-shelf items.

Sections it refers to

← 9.110-3 Policy. · 9.110-5 Contract clause. →

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 9.110-4 Procedures · SpendQuery