[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Rules and Regulations]
[Pages 25407-25409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12766]
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DEPARTMENT OF DEFENSE
48 CFR Parts 209 and 243
[DFARS Case 96-D305]
Defense Federal Acquisition Regulation Supplement; Institutions
of Higher Education
AGENCY: Department of Defense (DoD).
ACTION: Interim rule with request for comments.
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SUMMARY: The Director of Defense Procurement is amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to implement a
statutory prohibition on providing funds to institutions of higher
education which have an anti-ROTC policy.
DATES: Effective date: May 21, 1996.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before July 22, 1996, to be
considered in the formulation of the final rule.
ADDRESSES: Interested parties should submit written comments to:
Defense Acquisition Regulations Council, Attn: Mr. Michael Pelky, PDUSD
(A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, D.C.
20301-3062. Telefax number (703) 602-0350. Please cite DFARS Case 96-
D305 in all correspondence related to this issue.
FOR FURTHER INFORMATION CONTACT: Michael Pelkey, (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule implements Section 541 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106). Section
541 provides that no funds available to DoD may be provided by contract
or grant to institutions of higher education which have an anti-ROTC
policy.
B. Regulatory Flexibility Act
The Interim rule is not expected to 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
only applies to institutions of higher education which are determined
to have an anti-ROTC policy. An initial regulatory flexibility analysis
has therefore not been performed. Comments are invited from small
businesses and other interested parties. 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 96-D305 in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any information collection requirements which require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense to issue this rule as an interim rule. Compelling reasons
exist to promulgate this rule without prior opportunity for public
comment. This rule implements Section 541 of the National Defense
Authorization Act for Fiscal year 1996 (Public Law 104-106), which was
effective upon enactment on February 10, 1996. However, comments
received in response to the publication of this rule will be considered
in formulating the final rule.
List of Subjects in 48 CFR Parts 209 and 243
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Parts 209 and 243 are amended as follows:
PART 209--CONTRACTOR QUALIFICATIONS
The authority citation for 48 CFR Parts 209 and 243 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Sections 209.470-1 and 209.470-2 are revised to read as follows:
209.470-1 Policy.
(a)(1) Section 558 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337) provides that no funds available
to DoD may be provided by grant or contract to any institution of
higher education that has a policy of denying or that effectively
prevents the Secretary of Defense from obtaining for military
recruiting purposes--
(i) Entry to campuses or access to students on campuses; or
(ii) Access to directory information pertaining to students.
(2) Section 541 of the National Defense Authorization Act for
Fiscal Year 1996 (10 U.S.C. 983) provides that no funds appropriated or
otherwise available to DoD may be obligated by contract or by grant,
including a grant of funds to be available for student aid, to any
institution of higher education that, as determined by the Secretary of
Defense, has an anti-ROTC policy and at which, as determined by the
Secretary, the Secretary would otherwise maintain or seek to establish
a unit of the Senior Reserve Officer Training Corps, or at which the
Secretary would otherwise enroll or seek to enroll students for
participation in a unit of the Senior Reserve Officer Training Corps at
another nearby institution of higher education. This prohibition
applies to new contracts and all contract modifications. (See 243.105.)
This prohibition shall cease to apply to that institution upon a
determination by the Secretary that the institution no longer has an
anti-ROTC policy.
(b) Institutions of higher education that are determined under 32
CFR part 216 to have the policy or practice in paragraph (a)(1) or
(a)(2) of this subsection shall be listed as ineligible on the List of
Parties Excluded from Federal Procurement and Nonprocurement Programs
published by the General Services Administration. (See FAR 9.404.)
(c) In cases where a determination is made under 32 CFR part 216
that specific subordinate elements of an institution of higher
education, rather than the institution as a whole, have the policy or
practice in paragraph (a)(1) or (a)(2) of this subsection, 32 CFR part
216 provides that the prohibition on use of DoD funds applies only to
those subordinate elements.
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 under 209.470-1(a)(1),
departments and agencies shall make no further payments under existing
contracts with the institutions, and shall initiate termination action.
PART 243--CONTRACT MODIFICATIONS
3. Section 243.105 is revised to read as follows:
243.105 Availability of funds.
(a)(i) 10 U.S.C. 2405 prohibits adjustments in price under a
shipbuilding contract entered into after December 7, 1983, for a claim,
request for equitable adjustment, or demand for payment under the
contract, arising out of events occurring more than 18 months before
submission of the claim, request, or demand.
(ii) Section 558 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337)
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provides that no funds available to DoD may be provided by contract or
contract modification, nor may contract payments be made, to an
institution of higher education that has a policy of denying or that
effectively prevents the Secretary of Defense from obtaining for
military recruiting purposes--
(A) Entry to campuses or access to students on campuses; or
(B) Access to directory information pertaining to students. (See
209.470.)
(iii) Pursuant to 10 U.S.C. 983, no funds may be obligated by
contract or contract modification to an institution of higher education
that has an anti-ROTC policy. (See 209.470.)
[FR Doc. 96-12766 Filed 5-20-96; 8:45 am]
BILLING CODE 5000-04-M
