FAR 3.909-3 Solicitation provision and contract clause

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 3.909-3
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

When using funding subject to the prohibitions in 3.909-1(a), the contracting officer shall-

(a)

(1) Include the provision at 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation, in all solicitations, except as provided in paragraph (a)(2) of this section; and

(2) Do not insert the provision in solicitations for a personal services contract with an individual if the services are to be performed entirely by the individual, rather than by an employee of the contractor or a subcontractor.

(b)

(1) Include the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements, in all solicitations and resultant contracts, other than personal services contracts with individuals.

(2) Modify existing contracts, other than personal services contracts with individuals, to include the clause before obligating FY 2015 or subsequent FY funds that are subject to the same prohibition on internal confidentiality agreements or statements.

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

Sections cited

  • FAR 3.909-1(a) Prohibition
  • FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation
  • FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Quick answers

What is FAR 3.909-3?

FAR 3.909-3 is a subsection of the Federal Acquisition Regulation, titled "Solicitation provision and contract clause".

When was FAR 3.909-3 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 3.909-3 proposed?

One proposed change has no final rule yet.

On GovTribe

Follow the rules behind federal contracts

  • Search Federal Register rules and proposed rules for the FAR, DFARS and agency supplements
  • Solicitations, awards and government files in one search
  • Ask GovTribe AI about the rules that apply to a contract