[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]
BILLING CODE 5000-04-M
