[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 32CFR28.205]



[Page 139]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 28_NEW RESTRICTIONS ON LOBBYING--Table of Contents

 

                  Subpart B_Activities by Own Employees

 

Sec.  28.205  Professional and technical services.



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

28.100 (a), does not apply in the case of a payment of reasonable 

compensation made to an officer or employee of a person requesting or 

receiving a Federal contract, grant, loan, or cooperative agreement or 

an extension, continuation, renewal, amendment, or modification of a 

Federal contract, grant, loan, or cooperative agreement if 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) 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 of 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 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.

    (c) 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.

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

allowable under this section.



[55 FR 6737 and 6752, Feb. 26, 1990. Redesignated and amended at 57 FR 

6199 and 6200, Feb. 21, 1992]