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FAR and DFARS › FAR Part 52: Solicitation Provisions and Contract Clauses › Subpart 52.2

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation.

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 provision bars agencies from using appropriated funds for contracts with entities that require employees or subcontractors to sign internal confidentiality agreements that stop them from lawfully reporting waste, fraud, or abuse to authorized federal investigative or law enforcement representatives. By submitting an offer, the Offeror represents that it will not impose such agreements on its employees or subcontractors. It matters because making this representation is a condition of competing for the contract.

Applies to: Offerors submitting offers on covered Government contracts

What it requires

  • By submitting an offer, represent that the Offeror will not require employees or subcontractors to sign or comply with internal confidentiality agreements or statements that prohibit or restrict lawfully reporting waste, fraud, or abuse related to Government contract performance to an authorized fed

Key terms: Internal confidentiality agreement or statement · Subcontract · Subcontractor · Offeror · Representation

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

The text

As prescribed in 3.909-3(a), insert the following provision:

Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements—Representation (JAN 2017)

(a) Definition. As used in this provision—

Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts 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.

(c) The prohibition in paragraph (b) of this provision 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.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with 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).

(End of provision)

Sections it refers to

  • 3.909-3 Solicitation provision and contract clause.
  • 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

Sections that refer to it

  • 3.909-3 Solicitation provision and contract clause.
  • 4.1202 Solicitation provision and contract clause.
  • 52.204-8 Annual Representations and Certifications.
  • 203.909-3 Solicitation provision and contract clause.

← 52.203-17 Contractor Employee Whistleblower Rights. · 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. →

Rule changes for FAR Part 52

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

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation · SpendQuery