3.801
Definitions
FAR 3.801 matters because the anti-lobbying rules in Subpart 3.8 turn on these definitions—especially what counts as a covered Federal action, who is a recipient, and when communications or payments may be treated as influence-related.
Overview
- FAR 3.801 provides the core definitions used in Subpart 3.8, Limitations on the Payment of Funds to Influence Federal Transactions. These definitions determine who is covered, what actions trigger the rule, and what types of communications may be treated as efforts to influence Federal decisions.
- For contractors, the section is important because it frames the scope of lobbying-related restrictions and certifications tied to Federal contracts and related transactions.
Key Rules
- Covered Federal action
- Includes awarding a Federal contract, grant, loan, or cooperative agreement, as well as extending, renewing, amending, or modifying those instruments.
- Influencing or attempting to influence
- Means communications or appearances made with intent to influence agency officials, Members of Congress, congressional staff, or employees of Members of Congress regarding a covered Federal action.
- Who is covered
- Defines key parties such as agency, person, recipient, State, local government, and officer or employee of an agency. Recipient expressly includes contractors and subcontractors.
- Compensation standards and employment status
- Defines reasonable compensation, reasonable payment, and regularly employed, including the 130-working-day standard used to determine regular employment.
Responsibilities
- Contracting Officers: apply these definitions when evaluating lobbying restrictions, certifications, and disclosures under Subpart 3.8.
- Contractors: determine whether their communications, personnel, and payments fall within these definitions before seeking or modifying Federal awards.
- Agencies: use consistent statutory definitions, including special exclusions for certain Indian tribes and tribal organizations where permitted by law.
Practical Implications
- This section exists to create a uniform vocabulary for enforcing anti-lobbying restrictions in Federal transactions.
- It affects how contractors classify internal employees, consultants, payments, and communications tied to contract awards or modifications.
- Common pitfalls include misunderstanding who counts as a recipient, overlooking subcontractor coverage, and misapplying the 130-day regularly employed test.