48 CFR § 9.108-3 - 9.108-3 Representation by the offeror.
---
identifier: "/us/cfr/t48/s9.108-3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 9.108-3 - 9.108-3 Representation by the offeror."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "9.108-3"
section_name: "9.108-3 Representation by the offeror."
chapter_number: 1
chapter_name: "FEDERAL ACQUISITION REGULATION"
subchapter_number: "B"
subchapter_name: "ACQUISITION PLANNING"
part_number: "9"
part_name: "CONTRACTOR QUALIFICATIONS"
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 42142, Sept. 19, 1983, unless otherwise noted."
cfr_part: "9"
---
# 9.108-3 9.108-3 Representation by the offeror.
(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.
[76 FR 31413, May 31, 2011, as amended at 77 FR 27548, May 10, 2012; 79 FR 74556, Dec. 15, 2014]