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B-203079 1 (1982-03-22)

handle is hein.gao/gaobadkei0001 and id is 1 raw text is: 0/ IECISION B-203079 b)ATEi March 22, 1982 MATTER OF; Sales Activities of Jetired officers--Application of 37 Regular u.s.c. § 801(c) DICIES6T: Regular officers, employed by companies which sell supplies and war materials to the Pepartment of Defense or its agencies, who visit Army and Air Force Exchange Service stores to perform war- ranty repairs on their employer's products purchased from store, perform their duties as noncontracting technical specialist and are not in violation of 37 U.S.C. § 801(c). 2. Visits by retired Regular officers to Army and Air Force Exchange Service stores for purposes of demonstrating employer's pro- duct and conducting seminars to induce procurement by the Government are in vio- lation ofr37 U.S.C. § 801(c). However, stocking stores with employer's sales literature, taking sales inventory and conducting product demonstrations and seminars to explain the use of previously procured products or to influence sales to store customers do not violate the statute, since those activities do not directly influence Government procurement. The issues are whether certain activities of retired Regular officers constitute violations of the selling restrictions of 37 U.S.C. § 801(c). Specifically, cer- tain of these officers, employed by contractors who sell supplies or war materials to the Department of Defense and its agencies, hold positions that entail visiting Army and Air Force Exchange Service stores on behalf of the employer to (1) demonstrate company pro- ducts, (2) perform warranty repairs on company products purchased from the stores, (3) stock the stores with company advertisements, and (4) conduct sales inventory to determine rate of sales. In clarification of these duties, the officers contend that their activities are not in violation of THE COMPTRO OFfh GJERAL OP THE UNITOMSTATIUS WASHINGTONt,(.0.1205463 FIL.E:

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