[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR18.300]



[Page 211-212]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 18_NEW RESTRICTIONS ON LOBBYING--Table of Contents

 

            Subpart C_Activities by Other Than Own Employees

 

Sec. 18.300  Professional and technical services.





    (a) The prohibition on the use of appropriated funds, in Sec. 

18.100 (a), does not apply in the case of any reasonable payment to a 

person, other than an officer or employee of a person requesting or 

receiving a covered Federal action, if the payment is for professional 

or technical services rendered directly in the preparation, submission, 

or negotiation of any bid, proposal, or application for that Federal 

contract, grant, loan, or cooperative agreement or for meeting 

requirements imposed by or pursuant to law as a condition for receiving 

that Federal contract, grant, loan, or cooperative agreement.

    (b) The reporting requirements in Sec. 18.110 (a) and (b) regarding 

filing a disclosure form by each person, if required, shall not apply 

with respect to professional or technical services rendered directly in 

the preparation, submission, or negotiation of any commitment providing 

for the United States to insure or guarantee a loan.

    (c) For purposes of paragraph (a) of this section, ``professional 

and technical services'' shall be limited to advice and analysis 

directly applying any professional or technical discipline. For example, 

drafting or a legal document accompanying a bid or proposal by a lawyer 

is allowable. Similarly, technical advice provided by an engineer on the 

performance or operational capability of a piece of equipment rendered 

directly in the negotiation of a



[[Page 212]]



contract is allowable. However, communications with the intent to 

influence made by a professional (such as a licensed lawyer) or a 

technical person (such as a licensed accountant) are not allowable under 

this section unless they provide advice and analysis directly applying 

their professional or technical expertise and unless the advice or 

analysis is rendered directly and solely in the preparation, submission 

or negotiation of a covered Federal action. Thus, for example, 

communications with the intent to influence made by a lawyer that do not 

provide legal advice or analysis directly and solely related to the 

legal aspects of his or her client's proposal, but generally advocate 

one proposal over another are not allowable under this section because 

the lawyer is not providing professional legal services. Similarly, 

communications with the intent to influence made by an engineer 

providing an engineering analysis prior to the preparation or submission 

of a bid or proposal are not allowable under this section since the 

engineer is providing technical services but not directly in the 

preparation, submission or negotiation of a covered Federal action.

    (d) Requirements imposed by or pursuant to law as a condition for 

receiving a covered Federal award include those required by law or 

regulation, or reasonably expected to be required by law or regulation, 

and any other requirements in the actual award documents.

    (e) Persons other than officers or employees of a person requesting 

or receiving a covered Federal action include consultants and trade 

associations.

    (f) Only those services expressly authorized by this section are 

allowable under this section.