FAR 52.209-2 — Prohibition on Contracting with Inverted Domestic Corporations-Representation

Solicitation provision · dated Nov 2015 · prescribed in FAR 9.108-5(a) · current through FAC 2026-01

In plain English

FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation, is a solicitation provision prescribed at FAR 9.108-5(a), most recently dated Nov 2015. The complete official text is reproduced below, verbatim, from GSA's published FAR source files.

Its text contains no sentence requiring insertion into subcontracts; see the flowdown section below for what that does and does not mean.

Does it flow down to subcontracts?

No flowdown mandate found in the clause text

This is a solicitation provision — it applies to offerors when submitting an offer, not to contract performance, so subcontract flowdown is generally not the operative question for it.

Where it's prescribed

As prescribed in 9.108-5(a), insert the following provision:

Prescribing reference: FAR 9.108-5(a).

The official text, verbatim

FAR 52.209-2 · Nov 2015 current through FAC 2026-01 acquisition.gov eCFR (48 CFR)

As prescribed in 9.108-5(a), insert the following provision:

Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015)

  • (a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

  • (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

  • (c) Representation. The Offeror represents that-

    • (1) It is, is not an inverted domestic corporation; and

    • (2) It is, is not a subsidiary of an inverted domestic corporation.

(End of provision)

The text above is reproduced from GSA's published FAR source files (GSA/GSA-Acquisition-FAR @ da52ccb (2026-03-30)), retrieved 2026-07-17. The official publication at acquisition.gov / eCFR controls if they differ.