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

FAR 3.909-2 Representation by the offeror.

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 says that to be eligible for a contract award, an offeror must represent that it will not require employees or subcontractors to sign internal confidentiality agreements that stop them from lawfully reporting waste, fraud, or abuse on a Government contract to authorized investigators or law enforcement. An offeror that does not make this representation is ineligible for award. The contracting officer may generally rely on the offeror's representation unless there is reason to question it.

Applies to: Offerors competing for a Government contract award

What it requires

  • Represent that it will not require employees or subcontractors to sign internal confidentiality agreements or statements that prohibit or restrict lawfully reporting waste, fraud, or abuse related to Government contract performance to an authorized investigative or law enforcement representative

Key terms: offeror · contract award · internal confidentiality agreements · waste, fraud, or abuse · contracting officer

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

The 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.

← 3.909-1 Prohibition. · 3.909-3 Solicitation provision and contract clause. →

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 3.909-2 Representation by the offeror · SpendQuery