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<br />COOPERATIVE AGREEMENT NO. ATC020223
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<br />she is employed by such person for 130 working days.
<br />.State,. as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico. a tcrritory or possession of the
<br />United States, an agency or instrumentality of a State, and multi-State, regional, or interstate emity having goverrunental duties and powers.
<br />(b) Prohibitions,
<br />(I) Section 1352 of title 31. United Slates Code, among other things, prohibits a recipiem ofa Federal comract, gram, loan, or cooperative agreement from using
<br />appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or
<br />employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal
<br />contract; the making of any Federal gram; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal
<br />comract, grant. loan. or cooperative agreement.
<br />(2) The Act also requires Contractors to furnish a disclosure if any funds other than Federal appropriated funds (including profit or fee received under a covered
<br />Federal transaction) have been paid. or will be paid, to any person for influencing or auempting to influence an officer or employee of any agency, a Member of
<br />Congress. an officer or employee of Congress. or an employee of a Member of Congress in conneclion a Federal comract, gram, loan, or cooperative agreement.
<br />(3) The prohibitions of the Act do not apply under the following conditions:
<br />(I) Agency and legislative liaison by own employees.
<br />(A) The prohibition on the use of appropriated funds, in subparagraph (b)( I) of this clause, does not apply in the case of a payment of reasonable
<br />compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the paymem is for agency and legislative liaison
<br />activities not directly related to a covered Federal action.
<br />(B) For purposes of subdivision (b)(3)(I)(A) of this clause, providing any information specifically requested by an agency or Congress is permiited at
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<br />any time.
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<br />o The following agency and legislative liaison activities are penniued at any time where they are not related to a specific solicitation for any covered
<br />Federal action:
<br />(I) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions
<br />or terms of sale, and service capabilities.
<br />(2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.
<br />(D) The following agency and legislative liaison activities are permiued where they are prior to formal solicitation of any covered Federal action--
<br />(I) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of covered Federal
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<br />action;
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<br />(2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and
<br />(3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L.
<br />95-507. and subsequent amendmems.
<br />(E) Only those services expressly authorized by subdivision (b)(3)(I)(A) of this clause are permiued under this clause.
<br />(ii) Professional and technical services,
<br />(A) TIle prohibition on the use of appropriated funds. in subparagraph (b)(I) of this clause, does not apply in the case of--
<br />(I) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an
<br />extension. continuation. renewal. amcndmem, or modification of a covered Federal action, if paymem is for professional or technical services rendered directly in
<br />the preparation, submission, or negotiation of any bid, proposal. or application for that Federal action or for meeting requirements imposed by or pursuant to law
<br />as a condition for receiving that Federal action.
<br />(2) Any reasonable paymem to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an
<br />extension, continuation, renewal. amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered
<br />directly in the preparation, submission. or ncgotiation of any bid, proposal, or application for that Federal action or for mceting requirements imposed by or
<br />pursuant to law as a condition for recciving that Fcderal action. Persons other than officers or employees of a person requesting or receiving a covered Federal
<br />action include consultants and trade associations.
<br />(B) For purposes of subdivision (b)(3)(ii)(A) of this clause, .professional and technical services. shall be limited to advice and analysis directly
<br />applying any professional or technical discipline, The following examples are not imended to be all inclusive. to limit the application of the professional or
<br />technical exemption provided in the law, or to limit the exemption to licensed professionals. For example. drafting of a legal documem accompanying a bid or '
<br />proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipmem
<br />rendered directly in the negotiation of a contract is allowable, However, communications with the iment to influence made by a professional (such as a licensed
<br />. lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their
<br />professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered
<br />Federal action. Thus, for example, communications with the intent to influence made by a la....oyer that do not provide legal advice or analysis directly and solely
<br />related to the legal aspects of his or her cliem's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer
<br />is not providing professional legal services. Similarly, communications with the imem to influence made by an engineer providing an engineering analysis prior to
<br />the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the
<br />preparation, submission or negotiation of a covered Federal action.
<br />o Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and
<br />any other requirements in the actual award documents,
<br />(D) Only those services expressly authorized by subdivisions (b)(3)(ii)(A)(I) and (2) of this clause are permitted under this clause,
<br />(E) The reporting requirements of FAR 3,803(a) shall not apply with respect to payments of reasonable compensation made to regularly employed
<br />orticers or employees of a person,
<br />(iii) Selling activities by independent sales
<br />representatives,
<br />The prohibition on the use of appropriated funds, in subparagraph (b)(I) of this clause. does not apply to the following selling activities before an
<br />agency by independent
<br />sales representatives, provided such activities are prior to fonnal solicitation by an agency and are specifically limited to the merits of the mailer:
<br />(A) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms
<br />of sale, and service capabilities; a
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<br />(B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.
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