Planning a holiday party? Ensure it's legal as well as merry

The holiday season has arrived. Office parties are just around the corner, that is, if you haven't already had a Thanksgiving gathering.

While this time of year offers government employees the opportunity to celebrate the season, it also raises a host of issues
concerning contractors in the work place. Below are some general principles about contractors that your organization should keep in mind while planning and executing your holiday party.

•Attendance: Contractor employees may attend the office party if authorized by their employers, not by a government employee. The time contractor employees spend at the office holiday party may not be charged to the government under their contracts. We recommend that questions concerning contractor employees' time off be coordinated with your contracting officer.

•Gifts: Contracted agencies and their employees are prohibited sources for purposes of the gift rules. A federal employee is prohibited from receiving anything of value from a prohibited source, unless an exception applies. There are two concerns in this area:

•Invitations to holiday parties hosted by contractors: A holiday party paid for by a contractor would be considered a gift to government employees. A government employee cannot accept this gift - by attending - unless the cost of his or her individual portion of the "tab" is $20 or less and he or she has not accepted gifts that would total $50 from the contractor (a prohibited source) during the calendar year.

To avoid appearance of impropriety, we recommend politely declining these types of invitations. If your office would like to include contractors in its holiday party, we suggest a potluck, where everyone attending the party would either bring a dish or be charged a proportionate share of the cost for the refreshments.

•Gift exchanges: We recommend not engaging in gift exchange activities with contractors. Contractors should never be solicited to give gifts or participate in a gift exchange with government employees. Pursuant to 5 C.F.R. § 2635.204, a government employee may accept a gift that is $20 or less, as long as it is unsolicited and the employee has not previously accepted gifts that total $50 from the prohibited source during the calendar year.

Finally, since contractors have their own ethics rules and may have other restrictions on their employees, be sure to consult the contractors' supervisors before including their employees.

We hope this guidance assists your organization in planning and executing a very merry - and legal - holiday party!
For more information about office holiday party planning and gift-giving, contact Fort Belvoir's Office of the Staff Judge Advocate at 703-805-4393.