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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: July 30, 2002

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Institutions of Higher Education

SOURCE: Federal Register, July 30, 2002, Vol. 67, No. 146, page 49253

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: DOD is finalizing, with minor changes, an interim rule that amended DFARS 209.470, Reserve Officer Training Corps and Military Recruiting on Campus, and the corresponding clause at DFARS 252.209-7005, to implement Section 549 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65), Recodification and Consolidation of Statutes Denying Federal Grants and Contracts by Certain Departments and Agencies to Institutions of Higher Education That Prohibit Senior ROTC Units or Military Recruiting on Campus.

EDITOR'S NOTE: For more on the interim rule that is being finalized, see the January 13, 2000, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Institutions of Higher Education."

EFFECTIVE DATE: July 30, 2002.

FOR FURTHER INFORMATION CONTACT: Susan Schneider, Defense Acquisition Regulations Council, OUSD (AT&L) DP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0326; fax: 703-602-0350. Cite DFARS Case 99-D303 when referring to this final rule.

SUPPLEMENTAL INFORMATION: On January 13, 2000, DOD published an interim rule amending DFARS 209.470 and DFARS 252.209-7005 to implement Section 549 of the National Defense Authorization Act for Fiscal Year 2000, which went into effect October 5, 1999. Section 549 amends 10 U.S.C. 983 to prohibit DOD from providing funds by contract or grant to an institution of higher education (including any subelement of that institution) if the secretary of defense determines that the institution (or any subelement of the institution) has a policy or practice that prohibits, or in effect prevents, senior ROTC units or military recruiting on campus. DOD received comments from 61 respondents on the interim rule, but has decided to finalize the interim rule with one minor change: changing the word "must" to "shall" in paragraphs (b)(1), (b)(2), and (b)(3) of DFARS 209.470-3, Procedures, which address what DOD components "shall" do if the secretary of defense determines an institution of higher education is ineligible to receive DOD funds because of its policies.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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