48 CFR § 3.1106 - 3.1106 Contract clause.

---
identifier: "/us/cfr/t48/s3.1106"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 3.1106 - 3.1106   Contract clause."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "3.1106"
section_name: "3.1106   Contract clause."
chapter_number: 1
chapter_name: "FEDERAL ACQUISITION REGULATION"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "3"
part_name: "IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113."
regulatory_source: "48 FR 42108, Sept. 19, 1983, unless otherwise noted."
cfr_part: "3"
---


# 3.1106 3.1106   Contract clause.

(a) Insert the clause at 52.203-16, Preventing Personal Conflicts of Interest, in solicitations and contracts that—

(1) Exceed the simplified acquisition threshold; and

(2) Include a requirement for services by contractor employee(s) that involve performance of acquisition functions closely associated with inherently governmental functions for, or on behalf of, a Federal agency or department.

(b) If only a portion of a contract is for the performance of acquisition functions closely associated with inherently governmental functions, then the contracting officer shall still insert the clause, but shall limit applicability of the clause to that portion of the contract that is for the performance of such services.

(c) Do not insert the clause in solicitations or contracts with a self-employed individual if the acquisition functions closely associated with inherently governmental functions are to be performed entirely by the self-employed individual, rather than an employee of the contractor.