---
kind: "section"
citation: "48 C.F.R. § 9.110-4"
title: "48"
number: "9.110-4"
heading: "Procedures."
url: "https://uscodex.org/cfr/48/9.110-4"
---

# §9.110-4. Procedures.


If the Secretary of Defense determines, pursuant to the procedures at [32 CFR part 216](/cfr/32/part216.md), 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)](#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.

## Notes

### Amendments

[85 FR 67621, Oct. 23, 2020, as amended at 86 FR 61021, Nov. 4, 2021]

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42142, Sept. 19, 1983, unless otherwise noted.

### Amendments

[85 FR 67621, Oct. 23, 2020, as amended at 86 FR 61021, Nov. 4, 2021]