FAR 9.108-3 Representation by the offeror

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 9.108-3
Type
Subsection
Last amended
79 FR 74554 Effective Dec 15, 2014
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 is neither an inverted domestic corporation, nor a subsidiary of an inverted domestic corporation. Any offeror that cannot so represent is ineligible for award of a contract, unless waived in accordance with the procedures at 9.108-4.

(b) The contracting officer may rely on an offeror’s representation that it is not an inverted domestic corporation unless the contracting officer has reason to question the representation.

Federal Register history

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 9, 27, and 47 91 FR 59584 · FAR Case 2026-011, Docket No. FAR-2026-0011, Sequence No. 1 Closed Oct 19, 2026No final rule found

Sections cited

Quick answers

What is FAR 9.108-3?

FAR 9.108-3 is a subsection of the Federal Acquisition Regulation, titled "Representation by the offeror".

When was FAR 9.108-3 last changed?

The most recent final rule on record is "Federal Acquisition Regulation; Prohibition on Contracting with Inverted Domestic Corporations" (79 FR 74554), published Dec 15, 2014 and effective Dec 15, 2014.

Are changes to FAR 9.108-3 proposed?

One proposed change has no final rule yet.

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