AAWSAP Solicitation and Original Order, September 2008

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(iii} Providi ng prior to formal solici tati on of any covered Federal action any i nformati on not
specifically requested but necessary for an
agency to make an informed decision about initiation of
a cover e d Federal
act i on;
(iv) Participating in technical discussions regarding the preparation of an unsolicited
proposal pr ior t o i ts offi cial s ubmissi on; and
(v) Making capabil ity presentations prior to formal solicitation of any covered Federal action
by pe rsons s eeki ng awa rds from a n agency purs uant
t o the pr ovi s ions of the Small Business Act , as
amended by Pub . L. 95- 507,
and subsequent amendments .
(2 ) Pr ofessi onal and t echni c a l servi ces .
(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 acti on, if payment i s 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
i mposed by or pursuant to law as a
condition for receiving that Federal action .
(ii) Any reasonable payment to a person, other t han an officer or
employee of a person
requesting or receiving a covered Federal action or an extensi on, continuation, renewal, amendment ,
or modificat ion of a covered Federal action if t he payment is for professional or technical
services rendered directl y i n the preparation, s ubmission, or negotiation of any bid,
proposal, or
application for t hat Federal action or for meeting requirements
imposed by or pursuant to law as a
conditi on for recei ving that Federal action . Per sons ot her than officer s or employees of a per son
requesting or receiving a covered Federal action include consultants and trade associations .
(i i i } As used in paragraph (c} (2) of this clause, "profe ssional and
techni cal services " are
limited to advice and analysis directly applying any professional or technical discipline (for
examples , see FAR 3 . 803 (a) (2) (i i i ) ) .
(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal
award i nclude those required by law or regulation a nd a ny othe r requirements i n t he act ual award
documents .
(d) Di sclosure .
(1 ) If the Contractor did not submit 0MB Standard Form LLL, Disclosure of Lobbying Activiti es,
with its offer, but registrants under the Lobbying
Disclosure Act of 1995 have subsequently made a
lobbying cont act on behalf
of the Contractor with respect t o this contract , the Contractor shall
complete and submit 0MB Standard Form LLL to provide the name of the
lobbying regi strants, including
t he i ndividuals performing the services .
(2 ) If the Contractor did submit 0MB Standard Form LLL disclosure pursuant to paragraph (d) of
t he provision at FAR 52 . 203-11 , Certification and Disclosure Regarding Payments to I nfluence Certain
Federal Transactions,
and a change occurs that affects Block 10 of the 0MB Standard Form LLL (name
and address of lobbying registrant or individuals performing services ) , t he
Contractor s hall, at the
end of the cal endar qua rter i n whi ch the change
occurs , submi t to t he Contracti ng Offi cer within 30
days an updated disclosure using 0MB Standard Form LLL .
(1 ) The Cont ractor shall obta i n a declaration, i ncluding t he
certi fication a nd disclosure i n
paragraphs (c ) and (d ) of the provision at
FAR 52 . 203- 11, Certification and Disclosure Regarding
Payment s to I nfluence Certa i n Federal Tr ansacti ons , f r om each per son r e questing or r eceivi ng a
subcontract exceeding $100 , 000 under this contract . The Contractor or subcontractor that awards the
s ubcont ract s hall reta i n t he de claration .
(e ) Penalties .
(1 ) Any person who ma kes an expendi ture prohibited under paragraph (b} of this clause or who
fails to f i le or amend the disclosure to be filed or
amended by paragraph (d ) of this clause shall
be subject to civil penalties as provided for by 31 u.s.c. 1352 . An imposition of a civil penalty
does not
prevent the Government from seeki ng any other remedy that may be appl icable .
(2 ) Contractors may rely without liability on the representation made by their subcontractors in
t he certification and disclosure form .
(f) Cost allowability . Nothing in this clause makes allowable or
reasonable any costs which would
otherwise be unallowabl e or unreasonable .
Conversely, costs made specifically unal lowable by the
requirements in this clause will not be made allowable under any other provision .
(g ) Subcontracts .
(2 ) A copy of each subcontractor di sclosure form (but not certifications)
shall be forwarded
from tier to tier until received by t he prime Contractor .
The prime Contractor shall , at the end
of t he calenda r quarte r i n whi ch t he
discl osure f or m i s submi t t ed by the subcont ractor, s ubmi t t o
the Contracting Officer within 30 days a copy of all disclosures . Each subcontractor certification
s hall be retained i n t he subcontr act fi le of t he awa rding
Cont r actor .
(3 ) The Contractor shall include the substance of this clause, including this paragraph (g) , in
any s ubcont ract exceedi ng $100, 000.
(End of Clause)
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