3.803
Exceptions
FAR 3.803 allows specific exceptions for agency liaison and professional services, but strictly limits payments and activities to those directly related to preparing or negotiating federal actions.
Overview
FAR 3.803 outlines specific exceptions to the prohibition on using appropriated funds to influence or attempt to influence federal contracting actions, as described in FAR 3.802(a). This section clarifies when certain payments and activities are permissible, focusing on agency and legislative liaison activities, and professional or technical services directly related to the preparation, submission, or negotiation of bids, proposals, or applications for federal actions. It also details the types of communications and services that are exempt from disclosure requirements.
Key Rules
- Agency and Legislative Liaison by Own Employees
- Reasonable compensation to employees for agency and legislative liaison activities not directly related to a specific covered federal action is allowed. This includes providing requested information, participating in general discussions, and making capability presentations under the Small Business Act.
- Professional and Technical Services
- Payments for professional or technical services directly related to preparing, submitting, or negotiating bids or proposals are permitted, whether performed by employees or outside consultants. However, communications intended to influence, unless they are direct advice or analysis, are not allowed.
- Disclosure Exemption
- Payments to regularly employed officers or employees for these allowable activities do not trigger the disclosure requirements of FAR 3.802(b).
Responsibilities
- Contracting Officers: Must ensure that only allowable payments and activities are conducted and that exceptions are properly applied.
- Contractors: Must limit payments and activities to those expressly permitted, maintain documentation, and avoid prohibited lobbying or influencing activities.
- Agencies: Should provide clear guidance and oversight to ensure compliance with these exceptions.
Practical Implications
- This section helps contractors understand when they can pay employees or consultants for certain activities without violating anti-lobbying rules or triggering disclosure requirements. Misinterpreting these exceptions can lead to noncompliance, so contractors must carefully distinguish between allowable professional/technical services and prohibited influencing activities.