Jump to content
The Wifcon Forums and Blogs

Recommended Posts

Guest carl r culham

charles - As DHSGuy suggests your legal office is a good reference along with your fiscal office. The Principles of Federal Appropriation Law (Redbook) regarding augmentation of appropriations will help in pinpointing issues connected to the donation situation. Specifically see Volume 2, Chpater 6 starting on page 6-162. The Redbook can be found here -http://www.gao.gov/special.pubs/d06382sp.pdf

Link to comment
Share on other sites

Charles,

I have never seen anything quite like what you describe, but it seems to me that accepting "donations" from commercial vendors is a somewhat risky approach to financing a conference. From a DOD perspective, I suppose it could be done provided that the particular service process for accepting donations has been followed - typically, this requires acceptance at the Secretariat level, which is usually a long and winding road.

I have seen instances where the Government agency engaged a contractor to execute the administration and logistics associated with a conference at no cost, where the contractor made its money by charging vendors a fee to be able to set up a booth or exhibit at the conference. However, if you are part of a DOD activity, 10 USC Sec. 2262 provides authority for DOD component activities to charge and collect conference fees from participants to defray the expenses of the conference. The DOD Financial Management Regulation was recently amended to include regulations implementing the statutory authority - see DODFMR, Vol 12, Chap 32 (July 2009).

Best to engage your legal and resource management folks for assistance on how to fund and execute a conference using other people's money.

Link to comment
Share on other sites

Guest Vern Edwards

I don't know if the idea is illegal, but I think it's pathetic. If the agency can't afford to host a conference on its own nickel, then it shouldn't host a conference.

Link to comment
Share on other sites

I don't know if the idea is illegal, but I think it's pathetic. If the agency can't afford to host a conference on its own nickel, then it shouldn't host a conference.

Vern, I don't totally agree with you. Our organization has huge periodic technical conferences. Many of these are joint service conferences. We couldn't afford to put these conferences on without sponsors (Industry Booths) helping defray the costs. In my opinion, they are very important conferences. They offer wide opportunities to provide required professional continuing education in order to meet professional licensing requirements. They offer opportunities to present or introduce state of the art scientific, architectural, engineering management, environmental, O&M, etc. studies, lessons learned, papers, etc. to a wide audience. Many of the exhibitors also provide professional presentations.

The downside, in my opinion, is what Dwight Eisenhower warned us about at the end of his Presidency in 1961, to guard against the acquisition of unwarranted influence by the "Military-Industrial Complex". We tend to get too cozy with those firms that we do frequent business with.

Link to comment
Share on other sites

Guest Vern Edwards
Vern, I don't totally agree with you. Our organization has huge periodic technical conferences. Many of these are joint service conferences. We couldn't afford to put these conferences on without sponsors (Industry Booths) helping defray the costs. In my opinion, they are very important conferences. They offer wide opportunities to provide required professional continuing education in order to meet professional licensing requirements. They offer opportunities to present or introduce state of the art scientific, architectural, engineering management, environmental, O&M, etc. studies, lessons learned, papers, etc. to a wide audience. Many of the exhibitors also provide professional presentations.

The downside, in my opinion, is what Dwight Eisenhower warned us about at the end of his Presidency in 1961, to guard against the acquisition of unwarranted influence by the "Military-Industrial Complex". We tend to get too cozy with those firms that we do frequent business with.

Well, as long as you don't totally disagree...

As for warnings by ex-presidents, we wouldn't be in the trouble we're in now if we had followed George Washington's farewell advice against foreign entanglements. We never listen, much less learn.

Link to comment
Share on other sites

Maybe you can provision it using the FAR clause below.

Just kidding.

I think this is a fine idea, "apparently wholesome" is just kind of funny sounding.

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations.

Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)

(a) Definitions. As used in this clause?

?Apparently wholesome food? means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

?Excess food? means food that?

(1) Is not required to meet the needs of the executive agencies; and

(2) Would otherwise be discarded.

?Food-insecure? means inconsistent access to sufficient, safe, and nutritious food.

?Nonprofit organization? means any organization that is?

(1) Described in section 501© of the Internal Revenue Code of 1986; and

(2) Exempt from tax under section 501(a) of that Code.

(B) In accordance with the Federal Food Donation Act of 2008 (Pub. L. 110-247), the Contractor is encouraged, to the maximum extent practicable and safe, to donate excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States.

© Costs.

(1) The Contractor, including any subcontractors, shall assume the responsibility for all the costs and the logistical support to collect, transport, maintain the safety of, or distribute the excess, apparently wholesome food to the nonprofit organization(s) that provides assistance to food-insecure people.

(2) The Contractor will not be reimbursed for any costs incurred or associated with the donation of excess foods. Any costs incurred for excess food donations are unallowable.

(d) Liability. The Government and the Contractor, including any subcontractors, shall be exempt from civil and criminal liability to the extent provided under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791). Nothing in this clause shall be construed to supersede State or local health regulations (subsection (f) of 42 U.S.C. 1791).

(e) Flowdown. The Contractor shall insert this clause in all contracts, task orders, delivery orders, purchase orders, and other similar instruments greater than $25,000 with its subcontractors or suppliers, at any tier, who will perform, under this contract, the provision, service, or sale of food in the United States.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...