AAWSAP Solicitation and Original Order, September 2008

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"Local government " means a unit of government in a State and, if chartered,
established, or
otherwise recognized by a State for t he performance of a
governmental duty, including a local public
authori ty, a speci al di st r i ct,
an intrastate di str ict , a counc i l of governments, a sponsor group
representative organization , and any other instrumentality of a local government .
"Officer or employee of an agency" i ncludes the following indi vidual s who
are employed by an
agency :
(1 ) An i ndividual who is appointed to a pos i t ion i n t he Gover nment unde r
Tit le 5, United Stat es
Code, including a position under a temporary
appointment .
(2 ) A member of t he uni formed ser vi ces, as define d i n subsect ion 101(3 ) ,
Ti t le 37, Uni ted St ates
Code .
(3 ) A special Government employee, as defined in section 202 , Title 18,
United States Code .
(4 ) An i ndividual who i s a member of a Federal advisory committee, as defined by t he Federal
Advisory Committee Act , Title 5, United States Code,
appendix 2 .
"Reasonabl e payment " means , with respect to professional and other technical services , a payment in
an amount that is consistent with the amount normally paid for such services in the private sector .
"Person" means an individual, corporation, company, association, authority,
firm, partnership,
society, State, and local government, regardless of whether such entity is operated for profit ,
or not for profit . This term excludes an Indian tribe, tribal organization, or any other Indian
organization e l igible to receive Federal contracts , grants , cooperative agreements , or loans from
an agency, but only with respect to expenditures by such tribe or organization t hat are made for
purposes speci f i ed in paragraph (b) of thi s c l ause and are permitted by othe r Federal law.
"Reasonable compensation " means, with respect to a regularly employed officer or employee of any
person, compensati on t hat i s consistent wi th the
normal compens at i on f or such off i cer or empl oyee
for work that is not
furnished to, not funded by, or not furnished in cooperation with t he
Federal
Government .
"Recipient " includes the Contractor and all subcontractors .
This term excludes an Indian tribe,
t r i bal or ganizat ion, or any othe r I ndian
or gani zation eli gibl e t o r eceive Feder al contr acts, gr ants,
cooperative agreements, or loans from an agency, but only with respect to expenditures
by such
tri be or organizati on that are made for purposes specified in paragraph (b) of t hi s clause and are
permitted by other Federal law .
"Regularly employed" means , with respect to an officer or employee of a
person requesting or
receivi ng a Federal contract, an officer or employee
who i s employed by s uch person for at least 130
working days within 1 year immediately preceding the date of the submission that i nitiates agency
consideration of such person for receipt of such contract . An officer or employee who is employed
by such person for less than 130 working days
within 1 year immediately preceding the date of the
s ubmission t hat
i nitiates agency consideration of such person shall be considered to be
regularly
employed as soon as he or she is employed by such person for 130
worki ng days .
"State" means a
State of t he United States , t he District of Columbia , or a n
outlying area of the United States ,
an agency or i nstrumentali ty of a St ate,
and multi -Stat e , regi onal , or i nterstate enti ty havi ng
governmental duties
and powers .
(c) Exceptions . The pr ohi bi tion in paragraph (b) of thi s clause does not
appl y under t he following
conditions :
(b) Prohibi tion . 31 U. S. C. 1352 pr ohibits a recipient of a Federa l
cont r a ct , grant, l oan, o r
cooperative agreement from using appropriated funds to pay any person for influencing or attempting
t o influence an
of ficer or employee of any agency, a Member of Congress, an of ficer or
employee of
Congress, or an employee of a Member of Congress in connection with any covered Federal actions . In
accordance with 31 U. S. C. 1352 the Contractor shal l not use appropriated funds to pay a ny person for
i nfluencing or attempting to i nfluence an offi cer 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 the
award of t his contractor t he
e xtension, continuation, renewal, amendment, or modification of this
contract .
(1 ) The term appropriated funds does not i nclude profit or fee from a
covered Federal action .
(2) To the extent the Contractor can demonstrate that the Contractor has
sufficient monies , other
t han Federal appropriated funds , t he Government
will assume t hat these other monies were spent for
any influencing activities that would be unallowable if paid for with Federal appropri ated funds .
(A) The qualities and characteristics (including i ndividual
demonstrations ) of the person#s
products or services, condi tions or terms of sale, and service capabilities; or
(1) Agency and legislative liaison by Contractor employees .
(i ) Payment of reasonable compensat ion made to an offi cer or empl oyee of t he Contractor i f
the payment is for agency and legislative l iaison activities not directly related to this contract .
For pur pose s of thi s
paragraph , pr ovi ding any i nf or mati on spec i f i c al l y r eque sted by an agency or
Congress is permitted at any time .
(i i ) Part i cipati ng wi th an agency i n discussi ons tha t are not related t o a s pecific
sol icitation for any covered Federal action, but that concern-­
(3 ) Onl y those communicat ions and ser vi ces expressl y a uthori zed by
paragraphs (c ) (1) and (2 ) of
t his clause are permitted .
(B) The application or adaptation of t he person#s products or services for an agency#s use .
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