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B-181056 1 (1975-02-10)

handle is hein.gao/gaobadcfm0001 and id is 1 raw text is: THE COMPTROL .ER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D. C. 20548 FILE: DATE:1 B-181056 February 10, 1975 MATTER OF: Major Stephen J. Pishock, USMC (Retired) - Contracting with Government DIGEST: A retired Regular Marine Corps officer who, within three years of his name being placed on a retired list, makes precontract contacts with contracting officials of the Marine Corps in his capacity as a representative of a firm selling to the Marine Corps may be presumed to be engaged in selling within the meaning of 37 U.S.C. § 801(c) (1970) and DOD Directive 5500.7, and therefore, in the absence of convincing rebuttal evidence, the officer's retired pay for the period of prohibited activities is to be recovered. This decision is in response to Headquarters United States Marine Corps letter dated April 9, 1974 (file reference MPS-24-ljl), with enclosure, requesting a determination whether certain business activities engaged in by Major Stephen J. Pishock, USMC (Retired), 192-20-09-10, constitute a violation of 37 U.S.C. 8 801(c) (1970), so as to require forfeiture by him of retired pay for the period in question. It is stated that Major Pishock is serving as the Washing- ton representative of Radio Engineering Products, a Montreal firm that does business on a regular basis with the Marine Corps. The enclosure to the April 9, 1974 letter is a report on this matter by the Naval Investigative Service (NIS). A sworn but unsigned statement by Major Pishock in the report shows that he retired from the Marine Corps on July 30, 1970, and began his employment with Radio Engineering Products (REP) as a Program Coordinator on August 1, 1970. Major Pishock's duties in this position are described by him as follows: I joined REP after my retirement in 1970. The job title of Program Coordinator was created to coordinate the phasing in of equipment manu- factured by the company, provide technical liaison or advisory service in support of this effort, insure rapid resolution of reported equipment deficiencies, act as expeditor .rhen required (mail man - equipment finder, etc), provide trans- portation and guide service in the U.S. area. Assist in presentations and demonstrations * * *. O~63cl _ (C/5 6V 7

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