48 CFR § 3.909-3 - 3.909-3 Solicitation provision and contract clause.

---
identifier: "/us/cfr/t48/s3.909-3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 3.909-3 - 3.909-3   Solicitation provision and contract clause."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "3.909-3"
section_name: "3.909-3   Solicitation provision and 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: "2026-04-05"
last_updated: "2026-04-05"
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"
---


# 3.909-3 3.909-3   Solicitation provision and contract clause.

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.

[82 FR 4721, Jan. 13, 2017]