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relations with non-federal entities - United States Department of ...

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. DoD may co-sponsor a conference, seminar, or similar event when all <strong>of</strong> thefollowing requirements are met:(1) The Head <strong>of</strong> a DoD Component organization determines that the(a) Subject matter is scientific, technical, or pr<strong>of</strong>essional issues relevantto its DoD mission, and(b) Purpose is to transfer Federally developed technology or stimulateinterest and inquiry into issues identified in (a) and the event is opento the public.(2) The DoD Agency DAEO determines that the <strong>non</strong>-Federal entity is arecognized scientific, technical, educational, or pr<strong>of</strong>essional organizationapproved for the purpose identified in (1)(b), <strong>with</strong> due consideration <strong>of</strong> theprohibition against providing preferential treatment to the NFE (meaningthat due consideration is given to similarly situated organizations);(a) If the DoD Component organization has co-sponsored an event <strong>with</strong>one particular NFE for a number <strong>of</strong> years, the Ethics Counselor mustdetermine if there are other similar conferences that providecomparable benefits to DoD for co-sponsorship and that meet thecriteria.(i) If there are no such similar conferences, the DoD Componentorganization may continue to co-sponsor <strong>with</strong> the same NFE.(ii) If there are such conferences, however, the Ethics Counselor mustengage the DoD personnel working on the conference anddetermine if they considered co-sponsoring <strong>with</strong> another NFE, andif not, why not. There may be valid reasons, but it looksincreasingly preferential as time goes on.(3) The co-sponsorship must be a bona fide co-sponsorship, not a veiledsubstitute for “hiring out” work on the DoD Component organization’sconference. That means that both the DoD Component organization andco-sponsor(s) participate, fairly equally in the substantive aspects (e.g.,development <strong>of</strong> the conference program, scope, theme, agenda, andspeakers). DoD may provide substantial logistical support. See NationalConference Services, Inc, and Direct Marketing Productions Inc., Comp.Gen. B-311137 (April 25, 2008). In other words, DoD’s participation issufficient to justify having its seal and name associated <strong>with</strong> the event andsubjecting the event to the funding and fee requirements <strong>of</strong> 10 U.S.C.2262, but does not rise to the level in which DoD treats the conference asits own or fully controls the substantive aspects.17Relations <strong>with</strong> Non-Federal Entities10th Ethics Counselor's Course

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