product of work shall be deemed accepted as submitted ifthe HA does not issue written comments and/or requiredcorrections within 30 days from the date of receipt of suchproduct from the Contractor.(b) The Contractor shall make any required correctionspromptly at no additional charge and return a revised copyof the product to the HA within 7 days of notification or alater date if extended by the HA.(c) Failure by the Contractor to proceed with reasonablepromptness to make necessary corrections shall be adefault. If the Contractor's submission of corrected workremains unacceptable, the HA may terminate this contract(or the task order involved) or reduce the contract price orcost to reflect the reduced value of services received.13. Interest of Members of CongressNo member of or delegate to the Congress of the United Statesof America or Resident Commissioner shall be admitted to anyshare or part of this contract or to any benefit to arise therefrom, but this provision shall not be construed to extend to thiscontract if made with a corporation for its general benefit.14. Interest of Members, Officers, or Employees and <strong>For</strong>merMembers, Officers, or EmployeesNo member, officer, or employee of the HA, no member of thegoverning body of the locality in which the project is situated, nomember of the governing body in which the HA was activated,and no other pubic official of such locality or localities whoexercises any functions or responsibilities with respect to theproject, shall, during his or her tenure, or for one yearthereafter, have any interest, direct or indirect, in this contract orthe proceeds thereof.15. Limitation on Payments to Influence Certain FederalTransactions(a) Definitions. As used in this clause:"Agency", as defined in 5 U.S.C. 552(f), includes Federalexecutive departments and agencies as well as independentregulatory commissions and Government corporations, asdefined in 31 U.S.C. 9101(1)."Covered Federal Action" means any of the followingFederal actions:(i) The awarding of any Federal contract;(ii) The making of any Federal grant;(iii) The making of any Federal loan;(iv) The entering into of any cooperative agreement; and,(v) The extension, continuation, renewal, amendment, ormodification of any Federal contract, grant, loan, orcooperative agreement.Covered Federal action does not include receiving from anagency a commitment providing for the United States to insureor guarantee a loan."Indian tribe" and "tribal organization" have the meaningprovided in section 4 of the Indian Self-Determination andEducation Assistance Act (25 U.S.C. 450B). Alaskan Nativesare included under the definitions of Indian tribes in that Act."Influencing or attempting to influence" means making, withthe intent to influence, any communication to or appearancebefore an officer or employee of any agency, a Member ofCongress, an officer or employee of Congress, or an employeeof a Member of Congress in connection with any coveredFederal action."Local government" means a unit of government in a Stateand, if chartered, established, or otherwise recognized by aState for the performance of a governmental duty, including alocal public authority, a special district, an intrastate district, acouncil of governments, a sponsor group representativeorganization, and any other instrumentality of a localgovernment."Officer or employee of an agency" includes the followingindividuals who are employed by an agency:(i)An individual who is appointed to a position in theGovernment under title 5, U.S.C., including a positionunder a temporary appointment;(ii) A member of the uniformed services as defined insection 202, title 18, U.S.C.;(iii) A special Government employee as defined in section202, title 18, U.S.C.; and,(iv) An individual who is a member of a Federal advisorycommittee, as defined by the Federal AdvisoryCommittee Act, title 5, appendix 2.“Person" means an individual, corporation, company,association, authority, firm, partnership, society, State, and localgovernment, regardless of whether such entity is operated forprofit or not for profit. This term excludes an Indian tribe, tribalorganization, or other Indian organization with respect toexpenditures specifically permitted by other Federal law."Recipient" includes all contractors, subcontractors at anytier, and subgrantees at any tier of the recipient of fundsreceived in connection with a Federal contract, grant, loan, orcooperative agreement. The term excludes an Indian tribe, tribalorganization, or any other Indian organization with respect toexpenditures specifically permitted by other Federal law."Regularly employed means, with respect to an officer oremployee of a person requesting or receiving a Federalcontract, grant, loan, or cooperative agreement, an officer oremployee who is employed by such person for at least 130working days within one year immediately preceding the date ofthe submission that initiates agency consideration of suchperson for receipt of such contract, grant, loan, or cooperativeagreement. An officer or employee who is employed by suchperson for less than 130 working days within one yearimmediately preceding the date of submission that initiatesagency consideration of such person shall be considered to beregularly employed as soon as he or she is employed by suchperson for 130 working days."State" means a State of the United States, the District ofColumbia, the Commonwealth of Puerto Rico, a territory orpossession of the United States, an agency or instrumentality ofa State, and a multi-State, regional, or interstate entity havinggovernmental duties and powers.(b) Prohibition.(i) Section 1352 of title 31, U.S.C. provides in part that noappropriated funds may be expended by the recipientof a Federal contract, grant, loan, or cooperativeagreement to pay any person for influencing orattempting to influence an officer or employee of anyagency, a Member of Congress, an officer oremployee of Congress, or an employee of a Memberof Congress in connection with any of the followingcovered Federal actions: the awarding of any Federalcontract, the making of any Federal grant, the makingof any Federal loan, the entering into of anycooperative agreement, and the extension,continuation, renewal, amendment, or modification ofany Federal contract, grant, loan, or cooperativeagreement.(ii) The prohibition does not apply as follows:Section I - Page 3 of 6 <strong>For</strong>m HUD-5370-C (10/2006)
(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)