CONFERENCES

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CONFERENCES
NATIONAL GUARD BUREAUOFFICE OF THE CHIEF COUNSEL
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PURPOSE

• Discuss the fiscal and contracting rules for
  conferences and how to review letters of intent
• Will not address Awards Ceremonies which have
  different rules

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REFERENCES

• Statutes
• 31 USC 1301, Purpose Statute
• 5 USC 4101, et seq., Government Employees
  Training Act
• 31 USC 3302, Miscellaneous Receipts

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REFERENCES

• Regulations
• Federal Travel Regulations www.gsa.gov

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REFERENCES

• Policy
• DA Policy Letter, dated March 6, 2003
• OCPL Number 22, NGB-AQC, Contract Support for
  Conferences

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REFERENCES

• Other Guidance
• Principles of Federal Appropriations Law, volume
  1, chapter 4, pages 4-29 and 4-88. www.gao.gov
• Comptroller General Decisions
• AFI 65-601, Budget Guidance and Procedures,
  volume 1, December 24, 2002, paragraph 4.42

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FOODGENERAL RULES

• Appropriated Funds may NOT be used to provide
  free food to government employees
• Government employees on travel orders are
  provided a per diem allowance designed to offset
  the cost of meals
• Federal agencies may NOT purchase food for
  employees in area of permanent duty assignment

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FOODGENERAL RULES

• Two Exceptions
• Working Lunches/Dinners
• Light Refreshments

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FOODGENERAL RULES

• May purchase for local area if
• Training AND
• Meets the 3-part Test
• Meals are Incidental to Meeting
• Attendance necessary for full participation
• Attendance is Not optional

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EXCEPTION FOR WORKING LUNCHES/DINNERS

• Does not authorize payment of meals in connection
  with internal business meetings or conferences
  sponsored by government agencies primarily
  involved with day-to-day activities
• Applies to formal conferences sponsored by, of
  general interest to, or also attended by
  non-government participants

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EXCEPTION FOR WORKING LUNCHES/DINNERS

• Limitations
• Attendance MUST be mandatory for ALL attendees
• Appropriated funds may not pay for non-Federal
  employees (this includes state and contractor
  employees)
• May only pay for meals actually consumed
• Attendees may not receive a benefit
• Attendees must reflect meal on travel voucher

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EXCEPTION FOR WORKING LUNCHES/DINNERS

• How to Fund Lunches/Dinners
• Reimbursable Conference Fees
• Fee must be mandatory for all attendees
• Host must provide a receipt with the amount of
  meal
• Contract Directly
• All attendees must be on Federal TDY orders
• Sponsoring organization may fund meals through a
  contract
• May not recoup costs from attendees

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EXCEPTION FOR LIGHT REFRESHMENTS

• Old Rule GSA allowed use of funds for light
  refreshments as long as 51 of attendees in TDY
  status
• New Rule May fund light refreshments for ONLY
  attendees in TDY status. Use of Appropriated
  Funds to Purchase Light Refreshments at
  Conferences, B-288266, January 27, 2003

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EXCEPTION FOR WORKING LIGHT REFRESHMENTS

• How to Fund Light Refreshments
• Reimbursable Conference Fee
• Must be inseparable and incidental, not itemized
• May not consist of only light refreshments
• Not reported on travel voucher
• Contract Directly
• Limited to attendees in TDY status
• May not recoup costs

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EXCEPTION FOR WORKING LIGHT REFRESHMENTS

• GSA Guidance dated 30 January 2003
• http//www.defenselink.mil/dodgc/defense_ethics/20
  03_Advisories/gsa_travel_advisory7.pdf
• May not use appropriated funds for light
  refreshments unless attendee is in TDY status
• Overrules existing GSA regulations as published
  in JTR

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EXCEPTION FOR LIGHT REFRESHMENTS

• HQDA Memorandum dated March 6, 2003
• May not use reimbursable conference fee to
  circumvent rules
• The cost to the Government for light
  refreshments supplied by conference hosts is
  often disproportionate to the value received.
  All officers and employees should be good
  stewards of the Governments resources.

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SOCIAL EVENTS

• No Authority to Expend Appropriated Funds for
  Social Events
• May not be included in a reimbursable conference
  fee
• May not be included in a contract
• No reimbursement on travel voucher
• May NOT be a mandatory fee

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SOCIAL EVENTS

• Narrow Exception for non-government sponsored
  event if meets the three part test
• Fee must be mandatory
• Social events must be included in fee
• Social event must be non-separable from fee

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ROOM FEES

• Conference Rooms
• May use appropriated funds for room and ancillary
  support
• May be included in a reimbursable conference fee
• Air Force Rule AFI 65-601, para. 4.42.2
• Individual Rooms
• May not contract for rooms directly
• Attendees pay for own rooms and file a travel
  voucher

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TAXES

• Government Employees must pay applicable taxes
  for items while on TDY. 41 CFR 301-11.27 and
  301-11.28
• Reimbursable on Travel Voucher
• May be Exempt by State or local jurisdiction if
  on official business
• If elect to stay at hotel when rate exceeds
  maximum authorized, taxes must be prorated

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GIFTS AND TOKENS

• Appropriated funds may not be used for a personal
  expense
• Novelty items (calendars, tote bags, canvas
  binders) are not an authorized expense.
  Expenditures by Department of VA Medical Center,
  Oklahoma City, OK, B-247563.3, April 5, 1996

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HONORARIUMS

• Payment of fees limited to 500 for speakers,
  lecturers and panelists. DoD Policy Memo dated 5
  January 1995
• Policy based on belief that DoD must assure that
  excessive fees are not paid
• Excessive honorariums paid in the past
• Payments evoke criticism from Congress, press and
  public
• Inconsistent with policy to reduce costs
  throughout DOD

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HONORARIUMS

• Waivers must be approved by next higher echelon
• Army Office of General Counsel
• Air Force - AFI 65-601, vol 1, para 4.9
• 500-2000 MAJCOM/DRU/FOA commanders
• 2000 or more HQ USAF/CVA

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REVIEWING LETTERS OF INTENT

• Improper Clauses included in standard hotel
  contracts
• Indemnification Clauses
• Cancellation Fees
• If food is included, review carefully
• Complimentary rooms and/or services
• No authority to provide individuals a free room
• Use for benefit of entire conference
• May not obligate the government to any
  expenditure of funds unless signed by a
  contracting officer

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Questions???
NATIONAL GUARD BUREAUOFFICE OF THE CHIEF COUNSEL