3.805
Exemption
The Secretary of Defense can grant exemptions to lobbying prohibitions for federal transactions if it is determined in writing to be in the national interest, with immediate notification to Congress required.
Overview
FAR 3.805 provides a specific exemption process for the prohibitions on the payment of funds to influence federal transactions, as outlined in Subpart 3.8. The Secretary of Defense has the authority to grant exemptions on a case-by-case basis if it is determined, in writing, that such an exemption serves the national interest. Upon granting an exemption, the Secretary must immediately notify Congress by transmitting a copy of the written determination. This section is designed to allow flexibility in extraordinary circumstances where national interest outweighs the general prohibition.
Key Rules
- Exemption Authority
- Only the Secretary of Defense can grant exemptions to the prohibitions in Subpart 3.8, and only on a case-by-case basis.
- Written Determination
- The exemption must be supported by a written determination stating that it is in the national interest.
- Congressional Notification
- A copy of the exemption must be sent to Congress immediately after the determination is made.
Responsibilities
- Contracting Officers: Must be aware of any exemptions granted and ensure compliance with the terms of the exemption.
- Contractors: Should not assume exemptions apply unless formally notified; must continue to comply with Subpart 3.8 unless an exemption is granted.
- Agencies: The Department of Defense must ensure proper documentation and timely congressional notification when exemptions are issued.
Practical Implications
- This section provides a rare exception to strict lobbying prohibitions, but only under high-level, documented, and transparent circumstances.
- Contractors should not rely on exemptions unless officially granted and communicated.
- Failure to follow the exemption process or to notify Congress could result in compliance violations and potential legal consequences.