FAR and DFARS › FAR Part 3: Improper Business Practices and Personal Conflicts of Interest › Subpart 3.9

FAR 3.909-1 Prohibition.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section prohibits the Government from using certain fiscal year funds for contracts with entities that require employees or subcontractors to sign internal confidentiality agreements restricting lawful reporting of waste, fraud, or abuse to authorized Federal investigative or law enforcement representatives. It matters to contractors because such agreements can make their entity ineligible for those funded contracts.

Applies to: Entities contracting with the Government using covered fiscal year funds

Key terms: internal confidentiality agreements · waste, fraud, or abuse · designated investigative or law enforcement representative · Standard Form 312 · Form 4414

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) The Government is prohibited from using fiscal year 2015 and subsequent fiscal year funds for a contract with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. See section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions.)

(b) The prohibition in paragraph (a) of this section does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

Sections that refer to it

  • 3.909-3 Solicitation provision and contract clause.

← 3.909 Prohibition on providing funds to an entity that requires certain internal confidentiality agreements or statements. · 3.909-2 Representation by the offeror. →

Rule changes for FAR Part 3

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 3.909-1 Prohibition · SpendQuery