FAR 3.802 Statutory prohibition and requirement
Section Federal Acquisition Regulation
Facts
- Citation
- FAR 3.802
- Type
- Section
- Last amended
- 72 FR 46327 Effective Sep 17, 2007
- Proposed changes
- 1
- Text as of
- FAC 2026-01
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.
Text
(a) 31 U.S.C.1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions.
(1) For purposes of this subpart the term "appropriated funds" does not include profit or fee from a covered Federal action.
(2) To the extent a person can demonstrate that the person has sufficient monies, other than Federal appropriated funds, the Government shall assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.
(b) 31 U.S.C.1352 also requires offerors to furnish a declaration consisting of both a certification and a disclosure, with periodic updates of the disclosure after contract award. These requirements are contained in 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.
Federal Register history
Proposed changes
| Proposed rule | Published | Comments |
|---|---|---|
| Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 3 and 49 | Closed Jul 23, 2026No final rule found |
Sections cited
- FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
- FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions
Quick answers
What is FAR 3.802?
FAR 3.802 is a section of the Federal Acquisition Regulation, titled "Statutory prohibition and requirement".
When was FAR 3.802 last changed?
The most recent final rule on record is "Federal Acquisition Regulation; FAR Case 2005-035, Changes to Lobbying Restrictions" (72 FR 46327), published Aug 17, 2007 and effective Sep 17, 2007.
Are changes to FAR 3.802 proposed?
One proposed change has no final rule yet.
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