3.801
Definitions
FAR 3.801 defines key terms that determine who and what is covered by lobbying restrictions in federal contracting, making these definitions essential for compliance.
Overview
FAR 3.801 provides definitions for key terms used throughout Subpart 3.8, which addresses limitations on the payment of funds to influence federal transactions. These definitions clarify the scope of covered federal actions, the types of entities and individuals subject to the rules, and the meaning of terms such as "agency," "person," "recipient," and "influencing or attempting to influence." Understanding these definitions is essential for compliance with the subpart's requirements, as they determine who is covered, what actions are regulated, and what exceptions may apply.
Key Rules
- Definitions of Covered Entities and Actions
- Specifies what constitutes an agency, covered federal action, person, recipient, and other relevant entities.
- Clarification of Exclusions and Exceptions
- Outlines which organizations (such as Indian tribes and tribal organizations) are excluded from certain definitions under specific circumstances.
- Employment and Compensation Terms
- Defines what is considered reasonable compensation, reasonable payment, and regularly employed for compliance purposes.
Responsibilities
- Contracting Officers: Must apply these definitions when determining compliance with Subpart 3.8 and when reviewing contractor certifications and disclosures.
- Contractors: Must understand and use these definitions to ensure proper reporting, certification, and compliance with lobbying restrictions.
- Agencies: Ensure that all parties involved in federal transactions are aware of and adhere to these definitions.
Practical Implications
- This section ensures all parties have a common understanding of terms critical to compliance with lobbying restrictions and related reporting requirements.
- Misinterpretation of these definitions can lead to noncompliance, improper certifications, or reporting errors.
- Contractors should review these definitions carefully to determine their obligations and whether any exclusions apply to their organization or activities.