Lobbying Certification

General
Lobbying is the attempt to influence decisions made by officials in the government, including elected officials and those who work for regulatory agencies.
49 CFR Part 20
prohibits federal funds from being expended to influence or attempt to influence a federal agency or Congress in connection with the award of any federal contract or grant. This prohibition applies to all recipients, including lower-tier subrecipients of a federal contract or grant. The
LGPM Guide
provides additional information related to the procedures that must be followed by the LG to ensure proper disclosure of lobbying activities.
Federal Requirements
  1. 23 CFR §635.112(g)
    – Requires that:
    1. the administrating entity must include the lobbying certification in the bid documents (by virtue of putting
      Form FHWA-1273
      into the contract);
    2. by signing a bid document including
      Form FHWA-1273
      , the bidder certifies they meet lobbying requirements of
      49 CFR Part 20
      ; and
    3. the prime contractor must include lobbying certification in all lower-tier contracts in excess of $100,000.
  2. 49 CFR Part 20
    – Places new restrictions on lobbying.
    1. Requires recipients of federal funds in excess of $100,000 to file a disclosure form with FHWA.
    2. Contains details of the certification.
State Requirements
  1. Texas Transportation Code §556.0055
    – Prohibits political subdivision or private entity from using state funds to pay lobbying expenses of the recipient or to pay any entity that must register as a lobbyist with such funds.
Required Practices
In general, the LG must include the lobbying certification in the bid documents and appropriate language must be included in the subcontractors’ documents as described in the
LGPM Guide
.