|
COOPERATZVE AGREEMENT NO. ATC020223
<br />she is employed by such person for 130 working days.
<br />'Scate,' as uscd in ihis clause, means a Snm af the Unittd Sums, the Disvia of Columbia, the Commonwealth of Puerto Rico, aicrritary or possession of the
<br />Uniccd Scates, an agency or instrumrntaliry of a State, and multiState, regianai, or imers(ate emiry having governmrntal ducies and pawers.
<br />(b) Pmhibitians. (q Sation 1352 of title 3I, Unitvd States Code, among olher things, pmhibits a mcipimt of a Fedeml contrace, gnn[, loan, or coopentive atrecmrnt from using
<br />appmpriazed Nnds w pay any person tor inFluencing or anempting co influmce an offittr or <mpioyce of any agrncy, a Mcmber of Congrcss, an officer ar
<br />nnploy<e af Congrcss, or an <mployc<of a Member of Congress in connmion with any of the following <overcd Federal actiona: the awarding of any Fedenl
<br />conuact; the making of any Fedenl granr, the making of any Fcderal loan; ihe entering inro of any cooperuivc ayre<ment; or the modiFlcation of any F<denl
<br />conuact, grant, loan, or coaperative agrcement.
<br />(2) The Act olso rcquires Comnctors to fumish a disclosure if any fuMs other than FNeral appmpriamd Nm1s (including pmGt or ke received under a cavered
<br />FNenl tnnsaction) have been paid, or will be paid, m any person for inlluencing or auempting lo in0ucnce an o(ficer or employee of any a6rncy, a Member of
<br />Congras, an off¢er or employet of Congress, or an employee of a Mem6er af Congress in wnn<ction a Fedenl conlract, gran[, loan, or coapentive agreemrn[.
<br />(3) The prohibitiorts of the AG do not apply under the fullawing conditionc
<br />(I) Agency and legislative liaison by own employees.
<br />(A) The pmhibition on the use of appropriaad PorMs, in subparagraph (b)(p of (his dause, does mt apply in ihe case of a payment of reasonable
<br />compensuion madr to an offiner or employee of a pvson requesting or mceiviny a covered Fcderal aaion i( the payment is for ayency and legislative liaison
<br />activi[ies not directly rNazed [o a cavered Federal action.
<br />(B) For puryoses of subdivision (b)(7HI)(A) of Nis clause, providing my informazion specifically requestcd by an agenry or Congress is p<rmii[cd at
<br />any tima
<br />a. The follawing agency aM legislative liaison aaivities are permi¢ed m any time wherc thcy are not rela¢d la a specific solicitation for any covered
<br />Federal oction:
<br />(I) Discussing with an agency the qualities and characmrinics (including individual d<mons[ruions) of the person's products or services, coMitions
<br />or terms of sale, and servi<e capa6ili[ies.
<br />(2) Techniwl discussions and other auivicies regarding Ihe application or adaptmion of the person'S produ<IS or s<rvices for an agmcy's use.
<br />(D) The (ollowing agcncy and legisluive liaison activiti<s arc permiued wherc they are prior lo formal soliciulion of any covered Federal attion-
<br />(I) Providing any in(ormaiion nu[ specifically requesrcd but nmessary fot an agency lo make an infnrmed decision about initiation of covered Federal
<br />action;
<br />(2) Technical discussionv «garJing ihe prepantion of an unsolicited pmposal prior to its official submission; and
<br />(J) CaPabiliq prcsrntuions by persons sttking awards fwm an aSrnq pursuant to the provisimis of the Small Busincss Act, as amended by Pub. L.
<br />95-507, anJ subscquent amendments.
<br />(E) Only those services enpressly authorized by subdivision (b)(3)(I)(A) of this clause are pcrmitted wMer lhis clause.
<br />(ii) Pro@ssional and Ic<hniwl services.
<br />(A) The prohibition on the use of appropriamd Ponds, in subparagraph (b)(p of this dausc, does wt apply in the wse o4-
<br />(q A paym<nt of ¢uonable compensalion made ta an officer or employee o( a perwn requesting or rtteivinC a covered Federal action or an
<br />ezmiuion, continuatioq ren<wal, amendment, or modification of a covered Fedenl anion, if paymrnt is Por profcesional ar mchnical servitts rendered dirtttly in
<br />the prcpuation, submission, ar negotiation of any bid, propusal, or appliation (or Lhat Federal aclion ot for meeting reyuiremrn(s imposeJ by or pursuanl to law
<br />as a conWition (or receiving that Fed<ral aclion.
<br />(2) Any reasonable DaYment to a person, odier ehan an officer or emplayec of a persan requuting or recciving a covered Federal actian or an
<br />eatmsion, wNinuazion, mntwal, amendment, or modiFlcation of a covercd Federal action if ihe paymrnt is for professiowl or [echnical tervica rendered
<br />directly in (he preparation, submission, or ncgotiation of any bid. proposal, or application for ihu Federal action or for mecting reyuiremems imposed by or
<br />pursuano lo law as a condition (or rmeiving Ihat Federal aaion. Persons other than offimrs or employees o( a person requesting or rcceiving a covered Federal
<br />action include corttullanB arM trade associations.
<br />(B) For purposes of su6division (b)(3)(ii)(A) of this clause,'professionul anM tecMical services' shall b< limited to advice and anaiysis directly
<br />applying any professional or technical diuipline. The (ollawing e.camples are not immnded to be all inclusive, to limit the application of the professional or
<br />mchnicai exemption providcd in the law, or to limit the exemption to liceaud professiomis. For esample, dnfting of a Iegal document accompmying a bid ar proposal by a lawyer is allowabie. Similatly, lechnical advice provided by an engineer on the p<rformance or operational capabilily of a piece of equipment
<br />rendered dirtttly in the negotiation of a contnce is ailowable. However, mmmunications wiih ihe intrnt to influence made by a pmkuional (such as a licenmd
<br />' Iawyer) or a ttthnical person (such as a IicensM accountant) are noe allowable und<r Ihis stttion unless they provide advice ani awlysis directly applying Iheir professional or lechnical upertise and unless the advi<e or onalysis is rendered dirmtly and salely in the prepantion, submission or negotiation of a covered
<br />Federai action. Thus, for example, comnrvnicalions wiih the intent lo inliuence made by a Iawyer that do not provide legal advitt or analysis dircctly and soiely
<br />relaud to the leyal aspecta of his or h<r client's pmpasal, but yenenlly advocate one proposal over alwther are mt allowable under this section because the lawyer
<br />is mt providine profusional Iegai services. Similuly, communi<ations with the intmt to inlluence made by an engineer proviCing an engineering awlysia prior to
<br />the pre0antion or submission of a bid or proposal are not allowable under lhis section since the eneineer is providing technical services but not direclly in the
<br />preparation, submission or nega[ialion of a cavered Federal a<tion.
<br />^ Requiremenes imposcd by or pursuant lo Iaw as a condition far receiving a covered Fedenl award iMlude Ihos< required by law or rcgulation and
<br />any oNer requiremeno in the acwal award docum<nls.
<br />(D) Only those servias exprcssly auehorizcd by subdivisions (b)(3)(ii)(A)(I) and (2) of Uiis clause are pertnined urMer this clause.
<br />(E) The reporting r<quiamenu of FAR 3.803(a) shail not apply with rcspect to paymenu of rtasonable compensation made to regulaAy employcd
<br />officers or employtts of a person.
<br />(iii) Selling a«ivities bY iidependrn[ salu repres<Natives.
<br />The prohibition on the us<of appropriucd tunds, in subpangraph (b)(I) of Ihis clause, daes nol apply W the followinr selling aclivities bePore an
<br />agencY bY iMepadent
<br />sala represrntatives, Providcd such activities are prior to formai solicitaiion by an agercy anW are apecif¢ally limiud m the merils o(Ihe matmr:
<br />(A) Discussing with an agmry (inctuding individml demonstretions) N<qualities afd chancteristics of the person's producu or urvices, eonditions or terms
<br />of sale, and service capabilitin; a (8) T<chnical discussions and oNer aclivities rtQaNine the applialion or adaptation o( the person's praductt ot aervica Por an aeency's use.
<br />27
<br />
|