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      Federal government contractors

Federal government contractors Federal government contractors are prohibited from making contributions or expenditures, or promising to make any such contribution or expenditure, to any political party, committee, or candidate for federal office, or to any person for any political purpose or use. A federal government contractor is a person who enters into a contract, or is bidding on such a contract, with any agency or department of the United States government and is paid, or is to be paid, for services, material, equipment, supplies, land or buildings with funds appropriated by Congress. Since corporate contributions are already prohibited, the government contractor ban applies primarily to contributions from a partnership (or a limited liability company that has not elected to be treated as a corporation for federal tax purposes) that has entered into or is bidding on a government contract. It also applies to the personal and business funds of: Individuals under contract to the federal government; andSole proprietors of businesses with federal contracts. This prohibition does not apply to contributions or expenditures in connection with state or local elections. Time period for prohibition The prohibition begins when the request for proposals are sent out or the negotiations have begun (whichever is earlier) and ends when performance under a contract is completed or negotiations have terminated (whichever is later). Spouses and employees The spouses of individuals and sole proprietors who are federal government contractors and employees of federal government contractors, however, may make contributions from personal funds. Partnerships or LLCs with federal government contracts A partnership or LLC that is negotiating a contract with the federal government or that has not completed performance of such a contract is prohibited from making contributions and expenditures. However, an individual partner in such a firm may make contributions and expenditures from personal funds (rather than from funds drawn on the partnership’s account). Also, an individual, who is, in their own right or as a sole proprietor, a federal government contractor or negotiating a contract with the federal government may not make contributions or expenditures using any funds (business or personal) under their control. Note that the spouse of such an individual is not prohibited from making a personal contribution or expenditure in their own name (as long as they are not otherwise prohibited from making contributions or expenditures in connection with a federal election). Indian tribe with federal government contracts In a previous advisory opinion, the Commission determined that a federally recognized Indian tribe with a tribally chartered unincorporated entity, which operates as a subordinate commercial enterprise and qualifies as a federal contractor, can be treated as a separate entity from the tribe and its political activities.
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          Partnerships and LLC contributionsWho can and can't contribute Need help? Get help from the FEC by phone or email
 Legal citations Regulations 11 CFR 115.2Prohibition on contributions and expenditures from federal contractors 11 CFR 115.4Partnership; federal contractors 11 CFR 115.5Individual and sole proprietor; federal contractors 11 CFR 115.6Contributions and expenditures by employees of federal contractors
 Advisory opinions 2008-11Applicability of federal contractor contribution prohibition to personal service contractor 2005-20Use of federal contractor partnership's automated payroll system to allow partners to designate funds from their electronic payroll distributions as contributions to the partnership's nonconnected PAC 1999-32Indian tribe's utility authority treated as separate from the tribe 1991-01Credit card contributions to PAC of federal contractor partnership


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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