Expired October 21, 1997

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92-11

Procurement Information Circular


(November 6, 1992)

LIMITATION ON THE PAYMENT OF FUNDS TO INFLUENCE FEDERAL TRANSACTIONS (LOBBYING)

PURPOSE: To provide a reminder of the requirements of FAR 3.804 and NFS 18-3.804 concerning the submission and processing o certifications and disclosures required by the provision at 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and the clause at 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, prior to the award of any contract exceeding $100,000.

BACKGROUND: Section 319 of the De0artment of Interior and Related Agencies Appropriations Act, Pub. L. 101-121, added section 1352 to title 31, United States Code, which among other things, prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement f rom using appropriated funds to pay any person for the influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or, the modification of any Federal contract, grant, loan, or cooperative agreement.

The Act also requires offcrors to furnish a declaration consisting of both a certification and a disclosure. These requirements are contained in the provision at 52.203-1 1, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and the clause at 52.203-12, Limitation on Payments to Influence Certain Federal Transactions. By signing its offer, an offeror certifies that no appropriated funds have been paid or will be paid in violation of the prohibitions in 31 U.S.C. 1352. The disclosure shall identify if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal action) have been paid, or wilI be paid, to any person for influencing or attempting to influence an officer or ernployee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement.

PIC 90-8, Lobbying Costs on Grants, extended indefinitely by Grants Notice 90-6, implemented the requirements of section $19 of Pub. L. 101-121 to NASA grants and cooperative agreements.

GUIDANCE: The contracting officer shall obtain certifications and disclosures as required by the provision at 52.203-1 1, prior to the award of any contract exceeding $100,000, and all disclosures furnished pursuant to the contract clause at 52.'703-12. Contracting off icers shall forward all disclosure form(s) furnished pursuant to the provision a t 52.203-11, and the contract clause at 52.203-12 to their respective,: center Procurement officer. The Procurement officer shall forward a copy of all disclosure form(s) to the Headquarters Procurement Systems Division (Code HM) which is responsible for collecting and compiling disclosures and for preparing the required report for submission to Congress. (The NFS will be amended to reflect that contracting officers shall obtain and furnish all disclosure form(s) to their respective procurement officer for forwarding to the Headquarters Procurement Systems Division (Code HM).) The original disclosure form(s) shall be retained in the contract file. Disclosure forms shall be submitted quarterly by the 15th of the month following the end of the quarter. (The NFS will be further amended to reflect that center procurement officer quarterly submissions to Code HM are required notwithstanding that no actual disclosure form(s) were received-durinp, a quarter. When no disclosure form(s) have been received in a given quarter, the quarterlv submission to Code HM should so indicate.)

EFFECTIVE DATE. This PIC is effective as dated and shall remain in effect, unless extended, superseded, or cancelled.

HEADQUARTERS CONTACT. David Sudduth, Code HP, (202) 358-0485.

Don G. Bush

Assistant Administrator
for Procurement