FAR 3.800—Scope of subpart.
Plain-English Summary
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.
Key Rules
Implements anti-lobbying law
This subpart exists to implement 31 U.S.C. 1352, which restricts the use of appropriated funds to influence certain federal contracting and financial transactions. The rule is aimed at preventing federal money from being used for lobbying activities tied to covered awards or modifications.
Covers federal transactions
The scope includes policies and procedures for federal contracting and financial transactions, not just procurement contracts. In practice, the subpart is relevant to contracts and other covered instruments such as grants, loans, and cooperative agreements when lobbying-related restrictions apply.
Sets procedural framework
FAR 3.800 signals that the subpart will provide the procedures agencies and offerors must follow, including compliance steps associated with the anti-lobbying statute. This means the detailed requirements are found in the rest of the subpart, but this section establishes that those procedures are mandatory and legally grounded.
Focuses on appropriated funds
The restriction is specifically about the use of appropriated funds. That distinction matters because the subpart is concerned with whether federal money is being used to influence a covered federal action, even if some lobbying activity may be funded from non-federal sources and subject to disclosure requirements.
Responsibilities
Agency
Apply the subpart’s policies and procedures when a covered federal contracting or financial transaction is involved, and ensure the anti-lobbying requirements are incorporated and administered as required.
Contracting Officer
Recognize when the subpart applies to a procurement action and ensure the appropriate compliance mechanisms, notices, and clauses are used in accordance with the rest of the subpart.
Contractor/Offeror
Understand that appropriated funds may not be used to influence covered federal transactions and ensure internal practices, billing, and lobbying-related activities comply with the statutory and regulatory restrictions.
Other Recipients of Federal Funds
Follow the anti-lobbying policies and procedures applicable to covered grants, loans, and cooperative agreements, including any required certifications or disclosures established elsewhere in the subpart.
Practical Implications
This section is short, but it is the gateway to the federal anti-lobbying rules, so users should treat it as a signal that lobbying-related compliance issues may be present in the acquisition or assistance action.
A common pitfall is assuming the rule only applies to classic procurement contracts; the scope also reaches other federal financial transactions covered by 31 U.S.C. 1352.
Another frequent issue is failing to distinguish between prohibited use of appropriated funds and potentially allowable lobbying paid with non-federal funds, which may still trigger disclosure obligations.
Contractors should review labor charging, indirect cost treatment, and communications with Congress or agency officials to avoid mischarging lobbying costs to federal awards.
Contracting officers and program personnel should verify that the broader subpart requirements are addressed early, because anti-lobbying compliance problems can create award delays, audit findings, or enforcement risk.
Official Regulatory Text
This subpart prescribes policies and procedures implementing 31 U.S.C. 1352 , "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions."