FAR 3.8—Subpart 3.8

Scope of subpart.

FAR 3.800 is the scope statement for the FAR subpart that implements 31 U.S.C. 1352, the federal anti-lobbying statute that limits the use of appropriated funds to influence certain federal contracting and financial transactions. In practical terms, this section tells readers that the subpart is about policies and procedures governing when federal funds may not be used to attempt to influence the award, extension, continuation, renewal, amendment, or modification of federal contracts, grants, loans, or cooperative agreements, and the related disclosure and certification framework that applies in covered situations. Although the text of 3.800 is brief, it is important because it establishes the legal and regulatory basis for the more detailed requirements elsewhere in the subpart, including restrictions on lobbying activities, required certifications, and disclosure of lobbying with non-federal funds. For contractors, grantees, and other recipients of federal funds, this means lobbying-related costs and communications must be carefully controlled and documented. For contracting officers and agency personnel, it means they must recognize when the anti-lobbying rules apply and ensure the proper clauses, notices, and compliance steps are used. The section does not itself set out the detailed mechanics, but it defines the subject matter and purpose of the subpart: preventing the improper use of appropriated funds to influence federal decision-making in covered transactions.

Definitions.

FAR 3.801 is the definitions section for Subpart 3.8, which implements the federal restrictions on certain lobbying-related activities and related disclosures in connection with covered Federal actions. It defines the key terms that determine when the rules apply, including agency, covered Federal action, Indian tribe and tribal organization, influencing or attempting to influence, local government, officer or employee of an agency, person, reasonable compensation, reasonable payment, recipient, regularly employed, and State. These definitions matter because they set the scope of the prohibition and disclosure framework: if a transaction is a covered Federal action, and a person or recipient engages in covered lobbying-type communications, the later sections of the subpart may require certifications, disclosures, or limit the use of Federal funds. In practice, this section tells contractors, grantees, lenders, and agencies who is covered, what actions count, which communications are relevant, and how to interpret compensation and employment status when evaluating compliance. It also clarifies special treatment for Indian tribes and certain Indian organizations, which are excluded from some of these definitions only for specified expenditures and only where other Federal law permits.

Statutory prohibition and requirement.

FAR 3.802 explains the statutory ban in 31 U.S.C. 1352 on using appropriated funds to pay for lobbying or other influence activities connected with covered Federal actions. It also clarifies two important interpretive points: profit or fee from a covered Federal action is not treated as appropriated funds for this purpose, and if a person has enough non-Federal money, the Government may presume those non-Federal funds were used for otherwise unallowable influencing activities. In addition, this section identifies the required contractor/offeror paperwork: a declaration made up of both a certification and a disclosure, plus periodic disclosure updates after award. In practice, this section is the legal foundation for the anti-lobbying rules implemented through FAR 52.203-11 and FAR 52.203-12, and it matters because violations can create compliance, reporting, and award-risk issues for contractors, grantees, and other recipients of Federal funds.

Exceptions.

FAR 3.803 explains the exceptions to the general prohibition in FAR 3.802(a) on certain contingent-fee or influence-related arrangements in connection with covered Federal actions. It identifies when payments to a person’s own officers or employees, as well as payments to outside consultants and other nonemployees, may be allowed for agency and legislative liaison, professional and technical services, and related pre-award or negotiation activities. The section also clarifies what kinds of communications are permitted, including responses to agency or congressional requests, non-solicitation discussions about product capabilities and application, pre-solicitation information needed for an informed agency decision, technical discussions on unsolicited proposals, and capability presentations under the Small Business Act. It further defines “professional and technical services” as advice and analysis directly applying a professional discipline, and it draws a sharp line between allowable expert advice and unallowable influence communications. Finally, it limits the exception to only those communications and services expressly authorized and states that the disclosure rules in FAR 3.802(b) do not apply to reasonable compensation paid to regularly employed officers or employees. In practice, this section tells contractors and contracting personnel when advocacy, liaison, and expert support are permissible and when they cross into prohibited influence activity.

Policy.

FAR 3.804 states a simple but important procurement control: before awarding any contract that exceeds $200,000, the contracting officer must obtain the certifications and disclosures required by FAR provision 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. In practice, this section ties the award process to the government’s restrictions on lobbying-related payments and requires the government to collect the contractor’s formal statement about whether prohibited or reportable influence payments have been made. Its purpose is to protect the integrity of federal procurement, ensure transparency, and create a record that the awardee has complied with the applicable anti-lobbying certification and disclosure requirements. For contracting officers, this is a mandatory pre-award step for covered contracts, not an optional administrative formality. For contractors, it means they must be prepared to certify and, if necessary, disclose relevant payments before award can proceed. The section is narrow in scope, but operationally significant because failure to obtain the required certification and disclosure can delay award and create compliance risk.

Exemption.

FAR 3.805 creates a narrow, high-level exemption authority for the Secretary of Defense from the prohibitions in this subpart. It applies only to a "covered Federal action," only on a case-by-case basis, and only when the Secretary makes a written determination that the exemption is in the national interest. The section also requires immediate congressional notification after the determination is made, which adds transparency and oversight to an otherwise discretionary exception. In practice, this means the rule is not a routine contracting tool; it is an extraordinary safeguard that can override the subpart’s restrictions only for specific Defense actions and only with formal justification. Contractors generally do not invoke this provision themselves, but they may be affected if a DoD procurement or related action is exempted. Contracting personnel should treat this as a rare, senior-level decision that must be documented, defensible, and promptly reported to Congress.

Processing suspected violations.

FAR 3.806 is a short but important procedural rule about how suspected violations of 31 U.S.C. 1352, the federal anti-lobbying statute, are handled once they come to the attention of the contracting officer. It covers the contracting officer’s duty to report suspected violations, the fact that the reporting must follow agency-specific procedures, and the practical link between procurement activity and enforcement of restrictions on using appropriated funds for lobbying-related activities. In practice, this section does not define what a violation is or prescribe the investigative process itself; instead, it directs the contracting officer to escalate concerns through the agency’s established channels so the matter can be reviewed, documented, and, if necessary, referred for further action. Its purpose is to ensure suspected anti-lobbying violations are not ignored or handled ad hoc, and to promote consistent internal reporting across the federal acquisition system. For contractors and contracting personnel, the key significance is that any indication of prohibited lobbying activity tied to federal funds or contract actions must be promptly reported according to agency procedures, rather than informally resolved at the contracting office level.

Civil penalties.

FAR 3.807 tells agencies to use the civil penalty procedures in the Program Fraud and Civil Remedies Act (PFCRA) when they are pursuing civil penalties for false, fictitious, or fraudulent claims or statements in the federal procurement context. This section does not create a new penalty scheme by itself; instead, it directs agencies to follow the PFCRA provisions at 31 U.S.C. 3803 (except subsection (c)), 3804 through 3808, and 3812, but only to the extent those statutory procedures are consistent with the rest of FAR Subpart 3.8. In practical terms, this means agencies must use the PFCRA’s administrative process for assessing and collecting civil penalties, including the required notice, hearing, decision, and collection framework, rather than improvising their own process. The section matters because it gives agencies a standardized, legally grounded path for addressing smaller-scale fraud matters that may not warrant criminal prosecution or a full False Claims Act case. For contractors, it signals that false statements or claims can trigger administrative civil penalties in addition to other remedies, and that the agency must follow a formal statutory process before penalties are imposed. For contracting officers and agency officials, it is a reminder that civil penalty actions are tightly procedural and must align with both the PFCRA and the FAR subpart.

Solicitation provision and contract clause.

FAR 3.808 tells contracting personnel when to include the anti-lobbying provision and clause tied to payments intended to influence certain Federal transactions. Specifically, it addresses two required contract instruments: 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. The section applies based on the expected dollar value of the solicitation or contract, using the $200,000 threshold as the trigger. In practice, this means agencies must screen acquisitions for these requirements early in the solicitation process and ensure the correct language is inserted before award. For contractors, the section signals that certain lobbying-related certifications, disclosures, and restrictions may apply when competing for or performing higher-value federal work. Its practical significance is that it helps prevent improper use of appropriated funds to influence Federal transactions and creates a compliance obligation that can affect proposal preparation, disclosure decisions, and contract administration.