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<br />(1) Section 1352 of title 31, United States Code, among other things, prolnbits a recipient ofa Federal contract, grant, 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 employee of
<br />Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making
<br />of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or
<br />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 tmder a covered Federal
<br />transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
<br />officer or employee of Congress, or an employee of a Member of Congress in connection a Federal contract, grant, loan, or cooperative agreement.
<br />(3) The prolnbitions of the Act do not apply tmder the following conditions:
<br />(I) Agency and legislative liaison by own employees.
<br />(A) The prolnbition on the use of appropriated funds, in subparagraph (b)(1) 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 payment is for agency and legislative liaison activities
<br />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 pennitted at any
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<br />time.
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<br /><0 The following agency and legislative liaison activities are pennitted at any time where they are not related to a specific solicitation for any covered
<br />Federal action:
<br />(1) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or
<br />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 />(0) The following agency and legislative liaison activities are pennitted where they are prior to formal solicitation of any covered Federal action--
<br />(1) Providing any information not specifically requested but necessary for an agency to make an infonned 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 amendments.
<br />(E) Only those services expressly authorized by subdivision (b)(3)(I)(A) of this clause are pennitted tmder this clause.
<br />(ii) Professional and technical services.
<br />(A) The prolnbition on the use of appropriated funds, in subparagraph (b )(1) of this clause, does not apply in the case of--
<br />(1) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension,
<br />continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation,
<br />submission, or negotiation of any bid, proposa~ or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for
<br />receiving that Federal action.
<br />(2) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension,
<br />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 negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to
<br />law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include
<br />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 applying
<br />any professional or technical discipline. The following examples are not intended to be all inclusive, to limit the application of the professional or technical exemption
<br />provided in the law, or to limit the exemption to licensed professionals. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is
<br />allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation
<br />of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a
<br />licensed accotmtant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the
<br />advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the
<br />intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but
<br />generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly,
<br />communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not
<br />allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.
<br />iC Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any
<br />other requirements in the actual award documents.
<br />(0) Only those services expressly authorized by subdivisions (b)(3)(ii)(A)(I) and (2) of this clause are pemritted 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 officers
<br />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 )(1) of this clause, does not apply to the following selling activities before an agency by
<br />independent
<br />Sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter:
<br />(A) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of
<br />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.
<br />iC Disclosure.
<br />(1) The Contractor who requests or receives from an agency a Federal contract shall file with that agency a disclosure form, OMB standard form LLL,
<br />Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal
<br />action), which would be prohibited under subparagraph (b)(l) of this clause, ifpaid for with appropriated funds.
<br />(2) The Contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the
<br />information contained in any disclosure form previously filed by such person under subparagraph (c)(1) of this clause. An event that materially affects the accuracy of
<br />the information reported includes--
<br />(1) A cumulative increase of$25,000 or more in the amotmt paid or expected to be paid for influencing or attempting to influence a covered Federal action;
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<br />or
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<br />(ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal or action; or
<br />(iii) A change in the officer(s), employee(s), or Members(s) contacted to influence or attempt to influence a covered Federal action.
<br />(3) The Contractor shall require the submittal of a certification, and if required, a disclosure form by any person who requests or receives any subcontract
<br />exceeding $100,000 under the Federal contract.
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