Posted on Sep 23, 2015
CW2 Network Management Technician
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Is there a regulation that shows that selling drinks and snacks to soldiers in the workplace by soldiers in order to raise money for unit activities (not for personal profit)?

Could you please help and provided the source with a army regulation.
Posted in these groups: Ar Army Regulations
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Responses: 10
SFC Joe S. Davis Jr., MSM, DSL
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Edited >1 y ago
I found Army Regulation 215–1
Morale, Welfare, and Recreation Military Morale, Welfare, and Recreation Programs and Nonappropriated Fund Instrumentalities Headquarters

Download the PDF

https://www.google.com/#q=selling+snacks+and+drinks+to+soldiers+army+regulation
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CW2 Network Management Technician
CW2 (Join to see)
>1 y
I'm having trouble finding my answer specifically. If your familiar with the regulation could you source within it showing me where it is allowed or not.
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SFC Joe S. Davis Jr., MSM, DSL
SFC Joe S. Davis Jr., MSM, DSL
>1 y
CW2 (Join to see) I hope this brings some clarity. It deals with AAFES/MWR Programs .
12–2. Resale authority
a. Division of responsibility.
(1) AAFES is the primary retailer of merchandise and services to authorized patrons of the military community.
AAFES package beverage stores will be the primary resale source of packaged alcoholic beverages, except malt
beverages and wine coolers.
(2) MWR programs are the primary provider of prepared foods, beverages, and entertainment in membership clubs,
nonmembership food, beverage, and entertainment programs, and snack bars incidental to MWR operations.
(3) Sales of goods and services by civilian MWR NAFIs to DOD civilian employees is in accordance with AR
215–7.
b. Resale by AAFES. Applicable policies are in AR 215-8. Key provisions include the following:
(1) DODI 1330.21 outlines goods and services authorized for sale by AAFES.
(2) Garrison commanders may request AAFES to operate and manage any garrison sales activity.
(3) Garrison commanders may enter into MOAs or MOUs with AAFES to manage designated sales operations for a
management fee. Agreements will include provisions for audit trails that account for receipts and disbursements and
submission of monthly income and expense statements. Such agreements may include those entered into by FMWRC
on behalf of the Army. Operations that may be managed by the AAFES, with local command agreements, will include,
but are not limited to—
(a) Amusement machines.
(b) Services and vending machines in military clubs, civilian employee NAF programs, bowling centers, and similar
MWR programs.
(c) Commodity concession contracts and short-term sales agreements for overseas military clubs, AFRCs, and other
lodging facilities.
(d) Name brand fast-food operations only, and only after obtaining FMWRC approval.
(e) Any other resale function connected with MWR programs, which appropriately may be performed under an
MOA/MOU with AAFES.
c. Resale by NAFIs/entities other than AAFES.
(1) NAFI/entity sales of merchandise and services will normally be part of and directly related to the purpose of the
program conducting sales and necessary to the conduct of the program supported by the NAFI/entity. Examples include
resale of golf apparel and equipment at a MWR golf course and souvenirs related to displays at a museum. Resale of
snack food, nonalcoholic beverages, and alcoholic beverages in accordance with chapter 10 are authorized.
(2) Overseas resale activities will be conducted in accordance with applicable international agreements.
(3) AAFES resale merchandise and services, prescribed in AR 215-8, may be sold and provided by MWR programs
only under the conditions cited in paragraphs 12–2c(4) and (5). Any restrictions contained AR 215-8 related to resale
merchandise and services and applicable to AAFES are also applicable to resale operations by MWR programs. An
example is ministorage facilities, which must have the approval of Congress.
(4) Before MWR operation of a resale activity for which AAFES is the primary provider, the garrison commander
and the regional director of the servicing exchange must jointly determine in writing that the requirement cannot be
met in a responsive manner by the AAFES. Determinations will be based on all the following:
(a) Compatibility of operating hours with the exchange and the proposed resale activity. There is no direct or
intended competition for business.
AR 215–1 • 24 September 2010 99
(b) Distance to the activity from the exchange and ability of the exchange to provide delivery service.
(c) Ability of the exchange to provide the types of goods and services needed by the program. This includes quality,
price, and range of goods and services.
(5) Garrison commanders will monitor NAFI/entity resale to ensure that items and services sold are necessary,
authorized, and related to the established purpose of the program and its supporting NAFI/entity.
(6) Disputes are handled as follows:
(a) Differences that cannot be resolved between the garrison commander and the regional director of the servicing
exchange will be referred to the appropriate IMCOM Region for final determination.
(b) If a servicing exchange declines to provide services requested, the garrison commander may appeal the decision
through the IMCOM Region to the AAFES regional director and, if necessary, to the AAFES commander.
(7) Sale of foreign-made merchandise and foreign-produced services is subject to policy in this chapter.
(8) Garrison operated amusement and change machines in MWR facilities may be maintained directly by separate
MWR programs or by NAF contract, as determined by the garrison commander.
(9) Services and vending machines may be maintained under concessionaire contracts or directly by military clubs,
bowling centers, civilian welfare fund programs, and off-post Army Reserve Training Centers and in accordance with
State licensing agencies for the blind (AR 210–25). Otherwise, services and vending machines will be operated by the
AAFES.
(10) Installations may contract for MWR food services only with IMCOM Region and FMWRC approval. The
provisions and applicability of AR 210–25 will be reviewed before entering into, or renewing contracts for, or direct
operation of any vending machine and snack, cafeteria, or other food operation.
(11) Food service sales conducted by a NAFI/entity may be for immediate consumption on premises, take-out, or
catered either in or outside the MWR facility. NAFIs/entities may provide food service at any MWR event (ball games,
fests, or other garrison activities) without having to seek AAFES approval. Prior to proceeding with freestanding namebrand
casual dining operations, FMWRC and AAFES will conduct a joint assessment to evaluate the proposed
operation’s impact on the core dividend.
(12) MWR consignment sales or auctions are authorized on the installation. If MWR consignment sales or auctions
are opened to the public, policies in chapter 7 (table 7–1) apply to avoid MWR competition with any consignment
shops in the local community. When MWR consignment sales or auctions are conducted, controls will be established to
safeguard against NAF liability for the merchandise consigned.
(13) The minimum age for the purchase of tobacco products in overseas retail outlets is 18 years.
(14) Any resale operation that incurs labor and other operating costs must be supported with NAFs unless specifically
authorized APFs or the law requires sales at cost. This applies in CONUS, OCONUS, and at remote and BRAC
locations. NAF revenue will not be generated when APFs pay the cost of labor and operating expenses. This does not
preclude the use of an APF employee from both renting and checking out outdoor equipment in a category B outdoor
recreation facility when the rental of equipment is very limited; or the registration clerk from selling limited snacks,
soft drinks, or juice at a category A MWR fitness center. The same situation may occur at a marina or equestrian riding
facility, where there are both category B and C programs operating within a single facility and the category C part of
the program is not significant. Paragraph 12–8 and appendix D will apply.
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MAJ Security Cooperation Planner
MAJ (Join to see)
>1 y
215-1 does not apply to informal unit funds.
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SSG Robert Webster
SSG Robert Webster
>1 y
MAJ (Join to see) - You should have provided the alternative regulations, etc..

Here are a couple of sources of information that should be fairly up to date:
https://tjaglcspublic.army.mil/documents/27431/576556/2017-May-Griffin-Informal+Funds.pdf/5 [login to see] -4ff8-b903-f6a0d86c7568?version=1.0
and
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjcivvlx_bsAhUNSq0KHa9QAIkQFjADegQIAhAC&url=https%3A%2F%2Fhome.army.mil%2Fwood%2Findex.php%2Fdownload_file%2Fforce%2F2166%2F937&usg=AOvVaw3-40cmO5x2NhfGTfuk923T
This last link is a download of Ft Leonard Wood Reg 608-3.

I would suggest finding the local equivalent of FLW Reg 608-3, and look at AR 600-20.
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CW5 Regimental Chief Warrant Officer
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So contact the local AAFES and ask if they will provide vending services for your location. From my experience over the years if they will provide vending machines, you can't do it. If not, you have a starting point but JAG would be the correct place for ensuring that you are within the legal lanes and have all the waiver memos and money handling procedures on file.
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MAJ Ken Landgren
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I did not care, we did it and spent the money on unit BBQs.
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LTC Jason Mackay
LTC Jason Mackay
>1 y
The commander has to approve it, but that is one of the approved acceptions
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