Posted on Feb 1, 2014
SPC Davie Harvey
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I have a small clothing company that my unit has found out about, and now they are asking me if I can make unit T-Shirts. I have no problem doing so, but I was wondering if there was any regulation stating that since I am in that unit, I can't do business through my storefront with my unit. Any help would be greatly appreciated.
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CPT Aaron Kletzing
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Yes, I second the advice on just chatting with JAG about it.  When you talk with JAG, have them give you a written legal opinion on it, which they sign with their authority to give a formal legal opinion.  This could just make life easier for you in case anyone asks what's up.  So, takeaways: (1) talk with JAG; and (2) get a written legal opinion from JAG, which really doesn't take long at all.  You can be in and out with documents in hand in an hour.  Good luck!
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LTC Paul Labrador
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It can be perceived as a major conflict of interest.  Tread carefully.
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SPC Davie Harvey
SPC Davie Harvey
>1 y
This is why I am making sure my head is in the clear. 
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LTC Paul Labrador
LTC Paul Labrador
>1 y
I would simply use the "sniff test".  If it smells like it may be a conflict of interest, I would save yourself the hassle and simply steer away.  Aren't there other T-shirt shops in town?
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SPC Davie Harvey
SPC Davie Harvey
>1 y
There are but they came to me cause I have the best prices


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SSG Joel Pack
SSG Joel Pack
>1 y
The conflict of interest would come in to play if someone in a position of authority or influence were doing it. As long as the unit member's are free to buy of their own free will or not to buy witht consequences, shouldn't b a problem. The only issue would be if you don't have a business license. JAG will more than likely tell you the same thing. If you don't have a license it's easy to get one, shouldn't cost more than about cost $50 or so. Best to call JAG to be sure.
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SGM Sergeant Major
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Definitely a touchy subject. As long as it is business you will be fine. JAG can give you the specifics. I would suggest a signed contract once a proof t-shirt is complete. This lays out the qty, price and processing times. That way if something happens it is in black and white.

I have to agree with the others that it would probably not be the best business move you would make.
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SPC Davie Harvey
SPC Davie Harvey
>1 y
Thanks!
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Is a unit allowed to buy items (unit T-shirts) from a company owned by someone in that unit?
MAJ Multifunctional Logistician
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As with other posts, JAG is a great resource.  Here are some thoughts for you:

Most of the time when trying to utilize the Government Purchase Card (Government Spending) you will need to get a minimum of three quotes from other vendors prior to submitting the request.  Doesn't mean that your preferred company will have less of an opportunity, but it will protect your organization in allowing other competitors an opportunity.  It will also, show proof that the preferred company is not too expensive for the services rendered  in comparison to the other competition.  It could even show that other companies have a higher cost, making your preferred company save the government money.  (There is a certain dollar threshold per month, so make sure the unit budget officer and the GPC card holder are in the know).

FYI--If the shirts are personalized with Names/Ranks/etc. then they cannot be purchased with government funding.  However if they are generic in nature and available to all members then yes, it could be feasible.  The sticky part is that you cannot sell them in bulk to unit members for profit.  The other option is to check with your unit MWR Funding to see their regulatory guidance.  

Best case, register the unit on post and seek approval for fund raising activities such as car washes, bake sales, local sponsors, etc. to raise the money for the shirts.  As with anything else, you need to have proof in writing before pursuing actions.  (JAG, Command, Installation Agencies).
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SPC Davie Harvey
SPC Davie Harvey
>1 y
I just want to sell them at cost... no profit. my unit has done so much for me, if I can give back by giving them the best quality at the lowest price I will.
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SSG Joel Pack
SSG Joel Pack
>1 y
If you're not making any profit, and they are being paid for with PRIVATE funds then you're not selling anything you're just the middle man or the supply guy. I did the same the when I was in Hawaii for my platoon Tshirts, one guy made the design we all picked the shirt color, I went to a local printer had them printed and picked them up. But again paid for with money collected by plt members who wanted to buy them. A Few People CHOSE NOT To GET One AND During PT they just wore the Army grey PT shirt.
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