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 initiation of a covered Federal action;
(2) Technical discussions regarding the preparation
of an unsolicited proposal prior to its official submission; and
(3) Capability presentations by persons seeking
awards from an agency pursuant to the provisions of the Small Business Act,
as amended by Pub. L. 95-507, and subsequent amendments.
(E) Only those services expressly authorized by
subdivision (b) (3) (i)(A) of this clause are permitted under this clause.
(ii) Professional and technical services.
(A) The prohibition on the use of appropriated funds,
in subparagraph (b) (1) of this clause, does not apply in the case of--
(1) 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 action, if payment is 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 imposed by or pursuant to law as a condition for receiving
that Federal action.
(2) Any reasonable payment to a person, other than
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 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 action or
for meeting requirements imposed-by or pursuant to law as a condition for
receiving that Federal action. Persons other than officers or employees of
a person requesting or receiving a covered Federal action include
consultants and trade associations.
(B) For purposes of subdivision (b)(3) (ii) (A) of this
clause, "professional and technical services" shall be limited to advice
and analysis directly applying any professional or technical discipline.
For example, drafting of 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
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