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§ 34.210 40 CFR Ch , 1 (7-1 -07 Edition) technical expertise and unless the ad- meeting requirements imposed by or vice or analysis is rendered directl-v pursuant to law as a condition for re- and solely in the preparation , submis - ceiving that Federal contract , grant, sion or negotiation of a covered Fed- loan , or cooperative agreement , eral action . Thus , for example . commu - (b) The reporting requirements in nications with the intent to influence § 34 , 110 (a) and (b) regarding filing a dis - made by a lawyer that do not provide closure form by each person , if re- legal. advice or analysis directly and quired, shall not apply with respect to solely related to the legal aspects of professional or technical services ren - his or her client' s proposal , but gen- dered directly in the preparation , sub- erally advocate one proposal over an - mission , or negotiation of any commit - other are not allowable under this sec - tion because the lawyer is not pro- rnent providing for the united States vi.ding professional legal services . to insure or guarantee a loan. Similarly , communications with the (c) For purposes of paragraph (a) of intent to influence made by an engi - this section , " professional and tech- neer providing an engineering analysis nical services " shall be limited to ad - prior to the preparation or submission vice and analysis directly applying any of a bid or proposal are not allowable professional or technical discipline. under this section since the engineer is For example , drafting or a legal docu- providing technical services but not di - ment accompanying a bid or proposal rectly in the preparation , submission by a lawyer is allowable . Similarly , or negotiation of a covered Federal ac- technical advice provided by an engi - tion, neer on the performance or operational (c) Requirements imposed by or pur- capability of a piece of equipment ren - suant to law as a condition for receiv- dered directly in the negotiation of a ing a covered Federal award include contract is allowable. However , com - those required by law or regulation , or munications with the intent to influ - reasonably expected to be required by ence made by a professional (such as a law or regulation, and any other re licensed lawyer) or a technical person quirements in the actual award docu- (such as a licensed accountant) are not menu , allowable under this section unless (d) Only those services expressly au- they provide advice and analysis di- thorized by this section are allowable rectly applying their professional or under this section . technical expertise and unless the ad - § 34.210 Reporting. vice or analysis is rendered directly No reporting is required with respect and solely in the preparation , submis- to payments of reasonable compensa - sion or negotiation of a covered Fed - tion made to regularly employed offi - eras action. . Thus , for example , commu - cers or employees of a person . nications with the intent to influence made by a lawyer that do not provide Subpart C—Activities by Other legal advice or analysis directly and Than Own Employees solely related to the legal aspects of his or her client ' s proposal, but aen- § 34.300 Professional and technical erally advocate one proposal over van- services. other are not allowable under this sec- (a) The prohibition on the use of ap- tion because the lawyer is not pro- propriated funds , in § 34. 1. 00 (a) , does viding professional legal services , not apply in the case of any reasonable Similariy , communications with the payment to a person , other than an of- intent to influence made by an engi - ficer or employee of a person request- neer providing an • engineering analysis ing or receiving a covered Federal ac- prior to the preparation or submission tion , if the payment is for professional of a bid or proposal are not allowable or technical services rendered directly under this section since the engineer is in the preparation, submission , or new providing technical services but not di - gotiation of any bid , proposal , or appli - rectly in the preparation, submission cation for that Federal contract , grant, or negotiation of a covered Federal ac- loan , or cooperative agreement or for tion. 414