FAR 3.909-2 Representation by the offeror

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 3.909-2
Type
Subsection
Last amended
82 FR 4717 Effective Jan 19, 2017
Proposed changes
1
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.

Text

(a) In order to be eligible for contract award, an offeror must represent that it will not require its employees or subcontractors to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). Any offeror that does not so represent is ineligible for award of a contract.

(b) The contracting officer may rely on an offeror's representation unless the contracting officer has reason to question the representation.

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation; Contractor Employee Internal Confidentiality Agreements or Statements 82 FR 4717 · FAC 2005-95

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 3 and 49 91 FR 37698 · FAR Case 2026-007, Docket No. FAR-2026-0007, Sequence No. 1 Closed Jul 23, 2026No final rule found

Quick answers

What is FAR 3.909-2?

FAR 3.909-2 is a subsection of the Federal Acquisition Regulation, titled "Representation by the offeror".

When was FAR 3.909-2 last changed?

The most recent final rule on record is "Federal Acquisition Regulation; Contractor Employee Internal Confidentiality Agreements or Statements" (82 FR 4717), published Jan 13, 2017 and effective Jan 19, 2017.

Are changes to FAR 3.909-2 proposed?

One proposed change has no final rule yet.

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