[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Pages 13073-13074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5958]



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DEPARTMENT OF DEFENSE

48 CFR Parts 209 and 252


Defense Federal Acquisition Regulation Supplement; Institutions 
of Higher Education

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for public comments.

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SUMMARY: The Director of Defense Procurement is issuing an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to preclude award of contracts to, or consent to subcontracts with 
institutions of higher education which have been determined to have a 
policy of denying, or effectively preventing the Secretary of Defense 
from obtaining for military recruiting purposes entry to campuses, 
access to students on campus, or access to directory information 
pertaining to students. The rule also requires that departments and 
agencies shall make no further payments under existing contracts and 
shall initiate termination action if institutions are determined to 
have such a policy.

DATES: Effective Date: March 6, 1995.
    Comment Date: Comments on the interim rule should be submitted to 
the address shown below on or before May 9, 1995 to be considered in 
formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to The 
Defense Acquisition Regulations Council, ATTN: Ms. Linda Holcombe, 
PDUSD (A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, D.C. 
20301-3062. Telefax number (703) 602-0350. Please cite DFARS Case 94-
D310 in all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT: Ms. Linda S. Holcombe, (703) 602-0131.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 558 of the National Defense Authorization Act for Fiscal 
year 1995 (Pub. L 103-337) provides that no funds available to the 
Department of Defense may be provided by grant or contract to any 
institution of higher education that either (1) has a policy of 
denying, or (2) effectively prevents the Secretary of Defense from 
obtaining for military recruiting purposes entry to campuses, access to 
students on campuses, or access to directory information pertaining to 
students.
    This interim rule establishes a requirement for all solicitations 
and contracts with institutions of higher education to include a clause 
which requires the contractor to represent that it does not now have 
and will not in the future adopt a policy of denying or effectively 
preventing the Secretary of Defense from obtaining for military 
recruiting purposes entry to their campuses, access to students on 
campuses, or access to directory information pertaining to their 
students. Institutions found to have such policies are ineligible for 
contract award and payments under existing contracts. In addition, the 
Government shall terminate the contract for the contractor's material 
failure to comply with the terms and conditions of 
award. [[Page 13074]] 

B. Regulatory Flexibility Act

    The interim rule may have a significant economic impact on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because the rule 
restricts agencies from soliciting offers from, awarding contracts to, 
or consenting to subcontracts with institutions of higher education 
which are determined to have a policy of denying, or effectively 
preventing, the Secretary of Defense from obtaining for military 
recruiting purposes entry to campuses, access to students on campuses, 
or access to directory information pertaining to students. In addition, 
the interim rule requires that departments and agencies shall make no 
further payments under existing contracts and shall initiate 
termination action if institutions are determined to have such a 
policy. A copy of the Initial Regulatory Flexibility Analysis has been 
submitted to the Chief Counsel for Advocacy of the Small Business 
Administration. A copy of the Initial Regulatory Flexibility Analysis 
may be obtained from Ms. Linda Holcombe, Defense Acquisition 
Regulations Council, 3062 Defense Pentagon, Washington, D.C. Comments 
are invited. Comments from small entities concerning the affected DFARS 
subparts will be considered in accordance with Section 610 of the Act. 
Such comments must be submitted separately and cite DFARS Case 94-D310 
in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the interim rule 
does not impose reporting or recordkeeping requirements which require 
the approval of OMB under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 209 and 252

    Government procurement.
Claudia L. Naugle,
Deputy Director, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Parts 209 and 252 are amended as follows:
    1. The authority citation for 48 CFR parts 209 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 209--CONTRACTOR QUALIFICATIONS

    2. Subpart 209.4 is amended to add Sections 209.470, 209.470-1, 
209.470-2, and 209.470-3 as follows:

Subpart 209.4--Debarment, Suspension, and Ineligibility

 * * * * *


209.470  Military recruiting on campus.


209.470-1  Policy.

    (a) Section 558 of the National Defense Authorization Act for 
Fiscal Year 1995 (Pub. L. 103-337), provides that no funds available to 
the Department of Defense may be provided by grant or contract to any 
institution of higher education that either--
    (1) Has a policy of denying--
    (i) Entry to campuses or access to students on campus; or
    (ii) Access to directory information pertaining to students; or
    (2) Effectively prevents the Secretary of Defense from obtaining 
for military recruiting purposes--
    (i) Entry to campuses or access to students on campus; or
    (ii) Access to directory information pertaining to students.
    (b) Institutions of higher education that are determined under the 
procedures prescribed by the Secretary of Defense to have the policy or 
practice in paragraph (a) of this subsection shall be listed as 
ineligible on the list of Parties Excluded From Federal Procurement 
Programs published by the General Services Administration (GSA). (See 
FAR 9.404).


209.470-2  Procedures.

    (a) Agencies shall not solicit offers from, award contracts to, or 
consent to subcontracts with ineligible contractors.
    (b) After a determination of ineligibility, departments and 
agencies shall make no further payments under existing contracts with 
the institutions, and shall initiate termination action.


209.470-3  Contract clause.

    Use the clause at 252.209-7007, Military Recruiting on Campus, in 
all solicitations and contracts with institutions of higher education.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 252.209-7007 is added to read as follows:


252.209-7007  Military Recruiting on Campus

    As prescribed in 209.470-3, use the following clause:

Military Recruiting on Campus (Mar 1995)

    (a) Definitions. ``Directory information,'' as used in this 
clause, means, with respect to a student, the student's name, 
address, telephone listing, date and place of birth, level of 
education, degrees received, and the most recent previous 
educational institution enrolled in by the student. Students are 
individuals who are 17 years of age or older.
    (b) General. An institution of higher education that has been 
determined, using procedures established by the Secretary of Defense 
to implement section 558 of Pub. L. 103-337 (1994): (1) To have a 
policy of denying, or (2) to prevent effectively the Secretary of 
Defense from obtaining for military recruiting purposes entry to 
their campuses, access to students on campuses, or access to 
directory information pertaining to students, access to students on 
campuses, is ineligible for contract award and payments under 
existing contracts. In addition, the Government shall terminate this 
contract for the contractor's material failure to comply with the 
terms and conditions of award.
    (c) Agreement. The contractor represents that it does not now 
have and agrees that during performance of this contract it will not 
adopt a policy of denying, and that it does not, is not, and will 
not during performance of the contract, effectively prevent the 
Secretary of Defense from obtaining for military recruiting purposes 
entry to campuses, access to students on campuses, or access to 
directory information pertaining to students.

(End of clause)

[FR Doc. 95-5958 Filed 3-9-95; 8:45 am]
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