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B-199922 1 (1980-12-17)

handle is hein.gao/gaobacuae0001 and id is 1 raw text is: O` V- Z-7 6oD GA.0 Urled Satres General Accounting Office ,vYash!ingt~D 0 Mr. Rollin T. ')CeInwetz T. Steinmetz and Associates, Inc. P.O. Box 5037 603 W. Gowe Street Kent, WA 98031 Dear Mr. Steinmetz: office of General ounsS A b3-1922 A;,5,!7 uw 1 L B flo iuqt a~ka evatl4ble t - lOg '\ 0 *flfli Your let 'er to the Director of our International Division has been referred to me You ask whether your marketing company can offer a fe case of Augsburger beer to the Army and Air Force Exchange System,Dlilas, Texas (AAFES) for the purpose of having AAFES conduct a blind taste te ,-- with a jury of their own selection, against any other brands in the market, without this being construed as an unethical gratuity and an attempt to, buy influence. Since AAFES is a non-appropriated fund instrumentality, the requirements of the Armed Services Procurement Act (10 U.S.C. £ 2301 et sg. (1976)) and the implementing provisions of the Defense Acquisition Regulationu (DAS) are not app'tcable to its procurements. 58 Comp Gen. 94 (1978). ovetvr, the, general policies governing the operation of AAFES are set forth in Atmy Regulation (AR) 60-20 and AR-60-10. With regard to procurement and al'coholic beverages, see especially paragraphs 3-38 and 3-39 of AR 60-20 and paragraph 3-3 of AR 60-10. Furthermore, both Army users and Air Force users, undtr certain conditions, may issue local supplements to the generalpolicies for AAFES. AR 60-10 at p.i. Obviously, we cannot express any opinion on whether any local regulations which may have been issued would cover the situation you describe. In general, while this Office has no jurisdiction over either criminal matters or questions of ethical conduct by AAFES employees, we cannot see why the offer of a product to AAFES for testing purposes (as opposed to a gift to an individual in a position to affect procurement decisions) would be construed either as unethical or an attempt to buy influence. 673< / Ri' ~t~e6ni~~

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