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REQUEST FOR PROPOSALS For Bad Debt Collection Services For ...

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(1) Agency and legislative liaison by OwnEmployees.(a) The prohibition on the use of appropriatedfunds, in paragraph (i) of this section, does notapply in the case of a payment of reasonablecompensation made to an officer or employee ofa person requesting or receiving a Federalcontract, grant, loan, or cooperative agreement, ifthe payment is for agency and legislativeactivities not directly related to a covered Federalaction.(b) <strong>For</strong> purposes of paragraph (b)(i)(1)(a) ofthis clause, providing any information specificallyrequested by an agency or Congress is permittedat any time.(c) The following agency and legislative liaisonactivities are permitted at any time only wherethey are not related to a specific solicitation forany covered Federal action:(1) Discussing with an agency(including individual demonstrations) the qualitiesand characteristics of the person's products orservices, conditions or terms of sale, and servicecapabilities; and,(2) Technical discussions and otheractivities regarding the application or adaptationof the person's products or services for anagency's use.(d) The following agency and legislative liaisonactivities are permitted where they are prior toformal solicitation of any covered Federal action:(1) Providing any information notspecifically requested but necessary for anagency to make an informed decision aboutinitiation of a covered Federal action;(2) Technical discussions regarding thepreparation of an unsolicited proposal prior to itsofficial submission; and(3) Capability presentations by personsseeking awards from an agency pursuant to theprovisions of the Small Business Act, asamended by Public Law 95-507 and othersubsequent amendments.(e) Only those activities expressly authorizedby subdivision (b)(ii)(1)(a) of this clause arepermitted under this clause.(2) Professional and technical services.(a) The prohibition on the use of appropriatedfunds, in subparagraph (b)(i) of this clause,does not apply in the case of-(i)A payment of reasonable compensationmade to an officer or employee of aperson requesting or receiving acovered Federal action or an extension,continuation, renewal, amendment, ormodification of a covered Federalaction, if payment is for professional ortechnical services rendered directly inthe preparation, submission, ornegotiation of any bid, proposal, orapplication for that Federal action or formeeting requirements imposed by orpursuant to law as a condition forreceiving that Federal action.(ii) Any reasonable payment to a person,other than an officer or employee of aperson requesting or receiving acovered Federal action or an extension,continuation, renewal, amendment, ormodification of a covered Federal actionif the payment is for professional ortechnical services rendered directly inthe preparation, submission, ornegotiation of any bid, proposal, orapplication for that Federal action or formeeting requirements imposed by orpursuant to law as a condition forreceiving that Federal action. Personsother than officers or employees of aperson requesting or receiving acovered Federal action includeconsultants and trade associations.(b) <strong>For</strong> purposes of subdivision (b)(ii)(2)(a) ofclause, "professional and technical services"shall be limited to advice and analysisdirectly applying any professional ortechnical discipline.(c) Requirements imposed by or pursuant to lawas a condition for receiving a coveredFederal award include those required by lawor regulation, or reasonably expected to berequired by law or regulation, and any otherrequirements in the actual awarddocuments.(d) Only those services expressly authorized bysubdivisions (b)(ii)(2)(a)(i) and (ii) of thissection are permitted under this clause.(iii) Selling activities by independent salesrepresentatives.(c) The prohibition on the use of appropriated funds, insubparagraph (b)(i) of this clause, does not apply to thefollowing selling activities before an agency by independentsales representatives, provided such activities are prior toformal solicitation by an agency and are specifically limitedto the merits of the matter:(i)Discussing with an agency (including individualdemonstration) the qualities and characteristics of theperson's products or services, conditions or terms ofsale, and service capabilities; and(ii) Technical discussions and other activities regardingthe application or adaptation of the person's productsor services for an agency's use.(d) Agreement. In accepting any contract, grant, cooperativeagreement, or loan resulting from this solicitation, theperson submitting the offer agrees not to make anypayment prohibited by this clause.(e) Penalties. Any person who makes an expenditureprohibited under paragraph (b) of this clause shall besubject to civil penalties as provided for by 31 U.S.C. 1352.An imposition of a civil penalty does not prevent theGovernment from seeking any other remedy that may beapplicable.(f)Cost Allowability. Nothing in this clause is to be interpretedto make allowable or reasonable any costs which would beunallowable or unreasonable in accordance with Part 31 ofthe Federal Acquisition Regulation (FAR), or OMBCirculars dealing with cost allowability for recipients ofassistance agreements. Conversely, costs madespecifically unallowable by the requirements in this clausewill not be made allowable under any of the provisions ofFAR Part 31 or the relevant OMB Circulars.Section I - Page 4 of 6 <strong>For</strong>m HUD-5370-C (10/2006)

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