Common use of Professional and technical services Clause in Contracts

Professional and technical services. a. The prohibition on the use of appropriated funds, in subsection F.1.a, does not apply in the case of: (i) a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered federal action or an extension, continuation, renewal, amendment, or modification of a covered federal action, 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 action or for meeting requirements imposed by or pursuant to law as a condition for receiving that federal action; (ii) any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered federal action or an extension, continuation, renewal, amendment, or modification of 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 action or for meeting requirements imposed by or pursuant to law as a condition for receiving that federal action. Persons other than officers or employees of a person requesting or receiving a covered federal action include consultants and trade associations. b. For purposes of the provisions of (i) of the preceding paragraph, "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 and any other requirements in the actual award documents. d. Only those services expressly authorized by subsection F.2.a.(i) are permitted under this article. e. The reporting requirements of 48 C.F.R. § 3.803(a) shall not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.

Professional and technical services. a. (a) The prohibition on the use of appropriated funds, in subsection F.1.asubparagraph (b) (1) of this clause, does not apply in the case of: of- (i1) a A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered federal Federal action or an extension, continuation, renewal, amendment, or modification of a covered federal Federal action, 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 Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that federal Federal action; . (ii2) any Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered federal Federal action or an extension, continuation, renewal, amendment, or modification of a covered federal action, 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 Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that federal Federal action. Persons other than officers or employees of a person requesting or receiving a covered federal action include consultants and trade associations.a b. (b) For purposes of the provisions of subdivision (ib) (3) (ii) (A) of the preceding paragraphthis clause, "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, submission or negotiation of a covered federal 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, submission or negotiation of a covered federal Federal action. c. (c) Requirements imposed by or pursuant to law as a condition for receiving a covered federal Federal award include those required by law or regulation and any other requirements in the actual award documents. d. (d) Only those services expressly authorized by subsection F.2.a.(isubdivisions (b) (3) (ii) (A) (1) and (2) of this clause are permitted under this articleclause. e. (e) The reporting requirements of 48 C.F.R. § FAR 3.803(a) shall not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.

Professional and technical services. a. (A) The prohibition on the use of appropriated funds, in subsection F.1.asubparagraph (b)(1) of this clause, does not apply in the case of: of-- (i1) a A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered federal Federal action or an extension, continuation, renewal, amendment, or modification of a covered federal Federal action, 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 Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that federal Federal action; . (ii2) any Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered federal Federal action or an extension, continuation, renewal, amendment, or modification of a covered federal action, 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 Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that federal Federal action. Persons other than officers or employees of a person requesting or receiving a covered federal Federal action include consultants and trade associations. b. (B) For purposes of the provisions of subdivision (ib)(3)(ii)(A) of the preceding paragraphthis clause, "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, submission or negotiation of a covered federal 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, submission or negotiation of a covered federal Federal action. c. (C) Requirements imposed by or pursuant to law as a condition for receiving a covered federal Federal award include includes those required by law or regulation and any other requirements in the actual award documents. d. (D) Only those services expressly authorized by subsection F.2.a.(isubdivisions (b)(3)(ii)(A)(1) and (2) of this clause are permitted under this articleclause. e. (E) The reporting requirements of 48 C.F.R. § FAR 3.803(a) shall not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.

Professional and technical services. a. (i) The prohibition on the use of appropriated funds, in subsection F.1.asubparagraph (b) (1) of this clause, does not apply in the case of: .' (iA) a A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered federal Federal action or an extension, continuation, renewal, amendment, or modification of a covered federal Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, submittal/offer or application for that federal Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that federal Federal action; . (iiB) any Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered federal Federal action or an extension, continuation, renewal, amendment, or modification of a covered federal action, Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, submittal/offer or application for that federal Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that federal Federal action. Persons other than officers or employees of a person requesting or receiving a covered federal Federal action include consultants and trade associations. b. (ii) For purposes of the provisions of subdivision (ic)(2)(i) of the preceding paragraphthis clause, "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 submittal/offer by a lawyer 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, submission or negotiation of a covered federal 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 proposalsubmittal/offer, 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 submittal/offer are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission, submission or negotiation of a covered federal Federal action. c. (iii) Requirements imposed by or pursuant to law as a condition for receiving a covered federal Federal award include those required by law or regulation and any other requirements in the actual award documents. d. (iv) Only those services expressly authorized by subsection F.2.a.(isubdivisions (c)(2)(i) and (ii) of this clause are permitted under this articleclause. e. (v) The reporting requirements of 48 C.F.R. § 3.803(a) herein shall not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.

Professional and technical services. a. (i) The prohibition on the use of appropriated funds, in subsection F.1.asubparagraph (b)(1) of this clause, does not apply in the case of: : (iA) a A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered federal Federal action or an extension, continuation, renewal, amendment, or modification of a covered federal Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, submittal/offer or application for that federal Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that federal Federal action; . (iiB) any Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered federal Federal action or an extension, continuation, renewal, amendment, or modification of a covered federal action, Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, submittal/offer or application for that federal Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that federal Federal action. Persons other than officers or employees of a person requesting or receiving a covered federal Federal action include consultants and trade associations. b. (ii) For purposes of the provisions of subdivision (ic)(2)(i) of the preceding paragraphthis clause, "'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 submittal/offer 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, submission or negotiation of a covered federal 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 proposalsubmittal/offer, 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 submittal/offer 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 and any other requirements in the actual award documents. d. Only those services expressly authorized by subsection F.2.a.(i) are permitted under this article. e. The reporting requirements of 48 C.F.R. § 3.803(a) shall not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.is