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

FAR 3.909-3 Solicitation provision and contract clause.

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 tells contracting officers when to include the solicitation provision 52.203-18 and the contract clause 52.203-19, which address prohibitions on requiring certain internal confidentiality agreements or statements. It matters to contractors because these terms will appear in most solicitations and contracts, and existing contracts may be modified to add the clause before certain funds are obligated.

Applies to: Contracting officers using funding subject to the prohibitions in 3.909-1(a)

What it requires

  • Include provision 52.203-18 in all solicitations, except as provided in paragraph (a)(2)
  • Do not insert provision 52.203-18 in solicitations for a personal services contract with an individual if the services are to be performed entirely by the individual
  • Include clause 52.203-19 in all solicitations and resultant contracts, other than personal services contracts with individuals
  • Modify existing contracts, other than personal services contracts with individuals, to include clause 52.203-19 before obligating FY 2015 or subsequent FY funds subject to the same prohibition

Key terms: internal confidentiality agreements or statements · solicitation provision · contract clause · personal services contract · FY 2015 or subsequent FY funds

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

The 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.

Sections it refers to

  • 3.909-1 Prohibition.
  • 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation.
  • 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

Sections that refer to it

  • 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation.
  • 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
  • 203.909-3 Solicitation provision and contract clause.

← 3.909-2 Representation by the offeror. · 3.1000 Scope of subpart. →

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 3.909-3 Solicitation provision and contract clause · SpendQuery