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B-227320 1 (1989-02-09)

handle is hein.gao/gaobadnjn0001 and id is 1 raw text is: JThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof. Captain Lloyd K. Rice, USN (Retired) - Selling to the Department of Defense File: B-227320 Date: February 9, 1989 DIGEST A retired Regular Navy officer who was employed by a Department of Defense contractor did not violate 37 U.S.C. S 801(b) and implementing regulations, which prohibit a retired Regular officer from negotiating changes in specifi- cations of a contract with the Department of Defense, when that officer worked with non-contracting Defense personnel as a technical expert for the purpose of coordinating the correction of the malfunctioning of an item that had previously been procured and delivered. This is so even though the technical solution proposed by the officer ultimately led to a modification of the contract. DECISION The question in this case is whether retired Navy Captain Lloyd K. Rice's activities as a civilian employee of a government contractor constituted selling, or contracting or negotiating to sell, supplies or war materials to an agency of the Department of Defense within the meaning of 37 U.S.C. S 801(b), so as to preclude payment of his retired pay.l/ In the particular circumstances presented, we conclude that Captain Rice's activities did not amount to selling supplies to the government under the terms of that statute. l/ Mr. R. H. Conn, Comptroller of the Navy, submitted this question for a decision, which was assigned No. SS-N-1474 by the Department of Defense Military Pay and Allowance Committee.

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