21.300—Professional and technical services.
(a)
The prohibition on the use of appropriated
funds, in § 21.100 (a), does not apply in the case
of any reasonable payment to a person, other than
an officer or employee of a person requesting or
receiving 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 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)
The reporting requirements in § 21.110 (a)
and (b) regarding filing a disclosure form by each
person, if required, shall not apply with respect
to professional or technical services rendered
directly in the preparation, submission, or
negotiation of any commitment providing for the
United States to insure or guarantee a
loan.
(c)
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 or 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.
(d)
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.
(e)
Persons other than officers or employees of
a person requesting or receiving a covered Federal
action include consultants and trade
associations.