FAR and DFARS › FAR Part 9: Contractor Qualifications › Subpart 9.1
FAR 9.108-5 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 the contracting officer to include a specific solicitation provision and contract clause about not contracting with inverted domestic corporations. It matters to contractors because these requirements will appear in solicitations and contracts for products or services, including construction.
Applies to: Contracting officers issuing solicitations and contracts for products or services (including construction)
What it requires
- Include the provision at 52.209-2 in each solicitation for products or services (including construction).
- Include the clause at 52.209-10 in each solicitation and contract for products or services (including construction).
Key terms: inverted domestic corporations · solicitation provision · contract clause · products or services · construction
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
The contracting officer shall—
(a) Include the provision at 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation, in each solicitation for the acquisition of products or services (including construction); and
(b) Include the clause at 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations, in each solicitation and contract for the acquisition of products or services (including construction).
Sections it refers to
← 9.108-4 Waiver. · 9.109 Prohibition on contracting with an entity involved in activities that violate arms control treaties or agreements with the United States. →
Rule changes for FAR Part 9
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 9, 27, and 47 ↗ · proposed 2026-09-18 · comments due 2026-10-19
- Federal Acquisition Regulation: Prohibition on Certain Semiconductor Products and Services ↗ · proposed 2026-02-17 · comments due 2026-04-20
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · final rule 2025-08-27 · effective 2025-10-01
- Federal Acquisition Regulation: Preventing Organizational Conflicts of Interest in Federal Acquisition ↗ · proposed 2025-01-15 · comments due 2025-03-17
- Federal Acquisition Regulation: Controlled Unclassified Information ↗ · proposed 2025-01-15 · comments due 2025-03-17
- Federal Acquisition Regulation: Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risk ↗ · proposed 2025-01-13
- Federal Acquisition Regulation: Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment ↗ · final rule 2025-01-03 · effective 2025-01-17
- Federal Acquisition Regulation: Certification of Service-Disabled Veteran-Owned Small Businesses ↗ · final rule 2024-12-16 · effective 2024-12-16
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.