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position, full-time naval personnel, except special
government employees and Reserve enlisted
personnel on active duty for training, are
prohibited from making personal commercial
solicitations or sales to DOD personnel who are
junior in rank or grade, at anytime, on or off
duty.
This limitation includes, but is not limited to,
the solicitation and sale of insurance, stocks,
mutual funds, real estate, and any other
commodities, goods, or services. This prohibition
does not apply to the one-time sale by an
individual of his or her own property or privately
owned dwelling, or to the off-duty employment
of naval personnel as employees in retail stores
or other situations not including solicited sales.
In regard to solicitation by civilian personnel,
the limitation applies only to solicitation of
personnel under the supervision, at any level, of
the solicitor.
Assignment of Reserve Personnel
for Training
Naval personnel who are responsible for
assigning Reserves for training must not assign
them to duties in which they will obtain
information that could be used by them or their
private sector employers to gain unfair advantage
over civilian competitors.
Gratuities
Except as discussed later in this section, naval
personnel and their spouses, minor children, and
members of their households must not solicit,
accept, or agree to accept any gratuity for
themselves, members of their families, or others,
either directly or indirectly from, or on behalf of,
a defense contractor. A defense contractor is a
person or other entity that fulfills one or more
of the following criteria:
Is engaged in or seeks business or financial
relations of any sort with any DOD component
Conducts operations or activities that are
either regulated by a DOD component or
significantly affected by DOD decisions
Has interests that may be substantially
affected by the performance of the official duties
of DOD personnel
This general prohibition does not apply to the
situations below:
(1) The continued participation in employee
welfare or benefit plans of a former employee
when permitted by law and approved by the
appropriate standards of conduct.
(2) The acceptance of unsolicited advertising
or promotional items that are less than $5 in retail
value.
(3) Trophies,
entertainment, prizes, or
awards for public service or achievement or given
in games or contests that are clearly open to the
public or that are officially approved for naval
personnel participation.
(4) Things available to the public (such as
university scholarships covered by DOD Directive
1322.6 and free exhibitions by Defense contractors
at public trade fairs).
(5) Discounts or concessions extended
throughout the Navy and Marine Corps that are
realistically available to all naval personnel.
(6) Participation by naval personnel in civic
and community activities when the involvement
of Defense contractors is remote from the business
purposes of any contractor who is sponsoring,
supporting, or participating in the activity (for
example, participation in a little league or
Combined Federal Campaign luncheon that is
subsidized by a Defense contractor).
(7) Social activities engaged in by officers in
command and other naval officials, or their
representatives, with local civil leaders as part of
community relations programs of the Department
of the Navy according to SECNAVINST 5720.44.
(8) The participation of naval personnel in
widely attended gatherings of mutual interest to
government and industry, sponsored or hosted by
industrial, technical, and professional associations
(not by individual contractors), provided that they
have been approved according to DOD Instruc-
tion 5410.20.
(9) Situations in which participation by naval
personnel at public ceremonial activities of mutual
interest to industry or local communities and the
Department of the Navy serves the interest of the
government and acceptance of the invitation is
approved by the commanding officer or other
head of the activity to which the invited personnel
are attached.
(10) Contractor-provided transportation,
meals, or overnight accommodations in con-
nection with official business when arrangements
for government or commercial transportation,
meals, or accommodations are clearly impractical
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