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FAR and DFARS › FAR Part 9: Contractor Qualifications › Subpart 9.1

FAR 9.108-3 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 requires an offeror to represent that it is not an inverted domestic corporation and is not a subsidiary of one in order to be eligible for a contract award. If the offeror cannot make that representation, it is ineligible for award unless a waiver is granted under 9.108-4. The contracting officer may generally rely on the offeror's representation unless there is reason to question it.

Applies to: Offerors seeking contract award

What it requires

  • Represent that it is neither an inverted domestic corporation nor a subsidiary of an inverted domestic corporation

Key terms: inverted domestic corporation · subsidiary · offeror · contract award · representation

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 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.

Sections it refers to

Sections that refer to it

← 9.108-2 Prohibition. · 9.108-4 Waiver. →

Rule changes for FAR Part 9

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

FAR 9.108-3 Representation by the offeror · SpendQuery