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  • Question

    1. Can the Navy legally reimburse the Air Force without being a signatory to the BOS contract? 2. If no, what reference indicates that the Navy can not legally reimburse? 3. If yes, what reference indicates the Navy shall reimburse? 4. If maybe, what actions would need to be taken in order to allow legal reimbursement?


    Answer

    This response is based on the information provided.  We suggest you discuss with your contracting and finance team, program manager and/or legal department as appropriate.

     

    This is clearly a hypothetical question as there is no such thing as an Air Force "galley" where airmen or (sailors, soldiers, or marines) would be served meals.

     

    1.  Can the Navy legally reimburse the Air Force without being a signatory to the BOS contract?

    Yes.

    2.  If no, what reference indicates that the Navy cannot legally reimburse?

    N/A

    3.  If yes, what reference indicates the Navy shall reimburse?

    There is no reference.  Your question was, "Can the Navy legally reimburse..." not "Must the Navy legally reimburse..."

    4.  If maybe, what actions would need to be taken in order to allow legal reimbursement?

    This is a matter of negotiation between the USAF and USN at the Host/Tenant level.

     

    The Host/Tenant agreement should have addressed this issue.  If it is silent, then the USN/USAF needs to negotiate an acceptable arrangement and amend the agreement.

     

    It is reasonable for the Air Force to request reimbursement for feeding the members of other services wen it is a sizeable number on a permanent/semi-permanent basis.  There are any number of ways to calculate an appropriate reimbursement, the most obvious being, "Cost per meal times number of meals served to Navy personnel."

     

    While the Air Force contract is fully funded, the Air Force may be able to put forth that the funding is intended was programmed for Air Force personnel only.  Finance documents would be needed to address that issue.

     

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