[Protest of Army Contract Award for LAN Computer Services]
Highlights
A firm protested an Army contract award for secure local area network computer services, contending that the Army: (1) failed to follow the evaluation criteria; (2) failed to advise it of its bid deficiencies; and (3) unreasonably evaluated the bids and improperly consolidated the awardee's technical scores. GAO held that: (1) the protester abandoned its contentions regarding the Army's failure to advise it of its bid deficiencies and to follow the price evaluation criteria; (2) the Army reasonably determined that the protester's proposed personnel did not fully comply with the solicitation's personnel requirements; (3) there was no evidence that the Army considered the protester's ability to perform services at other than the specified sites in its technical evaluation; and (4) the protester was not prejudiced by the Army's alleged consolidation of the awardee's technical scores, since the awardee's bid was technically superior. Accordingly, the protest was denied.
B-214930, OCT 1, 1984
OFFICERS AND EMPLOYEES - TRANSFERS - MISCELLANEOUS EXPENSES - AUTO REGISTRATION, ETC. COSTS DIGEST: EXPENSES INCURRED BY AN EMPLOYEE FOR RE-LICENSING AND RE-TITLING HIS PRIVATELY-OWNED VEHICLE UPON RETURN TO HIS PERMANENT DUTY STATION IN ONE STATE FROM A TEMPORARY DUTY TRAINING ASSIGNMENT IN ANOTHER STATE WHOSE LAWS REQUIRED INITIAL RE-LICENSING AND RE-TITLING ARE REIMBURSABLE AS MISCELLANEOUS EXPENSES.
ROBERT H. CHAPPELL - MISCELLANEOUS EXPENSES:
THIS DECISION IS IN RESPONSE TO A REQUEST FOR AN ADVANCE DECISION FROM MR. R. H. STEWART, ACTING CHIEF, FINANCE AND ACCOUNTING DIVISION, U.S. ARMY CORPS OF ENGINEERS (ARMY). FOR THE FOLLOWING REASONS, WE HOLD THAT THE EXPENSES INCURRED BY AN EMPLOYEE FOR RE-LICENSING AND RE TITLING HIS PRIVATELY-OWNED VEHICLE (POV) UPON RETURN TO HIS PERMANENT DUTY STATION IN ONE STATE FROM A TEMPORARY DUTY (TDY) TRAINING ASSIGNMENT IN ANOTHER STATE WHOSE LAWS REQUIRED INITIAL RE-TITLING ARE REIMBURSABLE AS MISCELLANEOUS EXPENSES.
MR. ROBERT H. CHAPPELL IS AN EMPLOYEE OF THE ENGINEERING DIVISION, U.S. ARMY CORPS OF ENGINEERS, WHOSE PERMANENT DUTY STATION IS LOCATED IN PITTSBURGH, PENNSYLVANIA. IN JULY 1980, HE WAS SELECTED FOR A 1 YEAR TDY TRAINING ASSIGNMENT IN VIRGINIA. IN ACCORDANCE WITH VIRGINIA STATE LAWS, EVEN THOUGH HE WAS ONLY ON TDY, HE HAD TO REGISTER AND LICENSE HIS POV WITH VIRGINIA STATE AND LOCAL AUTHORITIES. PURSUANT TO JOINT TRAVEL REGULATIONS, VOL. 2, PARA. C4709-3 (CHANGE NO. 170, 12/1/79, MR. CHAPPEL CLAIMED AND WAS REIMBURSED FOR THE VEHICLE TAXES AND LICENSE FEES IMPOSED BY VIRGINIA. UPON RETURN TO PENNSYLVANIA, MR. CHAPPELL REQUIRED TO RE- LICENSE AND RE-TITLE HIS VEHICLE AND HE CLAIMS REIMBURSEMENT FOR THESE EXPENSES.
IN ITS SUBMISSION, THE ARMY CORRECTLY NOTES THAT THE JOINT TRAVEL REGULATIONS (JTR) MAKE NO SPECIFIC PROVISION FOR RE-LICENSING AND RE TITLING A POV AT THE PERMANENT DUTY STATION UPON COMPLETION OF THE TDY ASSIGNMENT. HOWEVER, THE ARMY BELIEVES THAT MR. CHAPPELL'S EXPENSES ARE BONA FIDE EXPENSES CONNECTED WITH HIS TDY AND SHOULD BE REIMBURSABLE. AGREE.
THE JTR PROVISION CITED ABOVE APPEARS UNDER THE GENERAL CATEGORY OF MISCELLANEOUS EXPENSES. THAT PROVISION, ALTHOUGH IT SPECIFICALLY ALLOWS LICENSING AND TITLING FEES WHEN AN EMPLOYEE GOES TO ANOTHER STATE ON TDY, DOES NOT BY ITS TERMS PRECLUDE PAYMENT OF LICENSE AND TITLING FEES WHEN THE EMPLOYEE RETURNS FROM TDY. MOREOVER, WE OBSERVE THAT FTR PARA. 1-9.1D LIKEWISE PROVIDES A GENERAL REGULATION CONCERNING NON-ENUMERATED MISCELLANEOUS EXPENSES AND IT STATES:
"D. OTHER EXPENSES. MISCELLANEOUS EXPENDITURES NOT ENUMERATED HEREIN, WHEN NECESSARILY INCURRED BY THE TRAVELER IN CONNECTION WITH THE TRANSACTION OF OFFICIAL BUSINESS, SHALL BE ALLOWED WHEN APPROVED."
IN VIEW OF THE CIRCUMSTANCES OF THIS CASE, WE BELIEVE THAT THE FOREGOING FTR PROVISION PROVIDES A BASIS FOR PAYMENT OF THE EXPENSES CONNECTED WITH MR. CHAPPELL'S RE-LICENSING AND RE-TITLING HIS POV IN PENNSYLVANIA AFTER RETURN FROM HIS TDY IN VIRGINIA. THESE EXPENSES WOULD NOT HAVE BEEN INCURRED BY MR. CHAPPELL BUT FOR HIS TDY ASSIGNMENT, AND THEY WERE INCURRED IN CONNECTION WITH HIS REQUIRED TRAVEL. IN THIS REGARD, WE NOTE THAT THE COSTS OF REGISTERING AND INSPECTING A POV IN CONNECTION WITH A PERMANENT CHANGE OF STATION ARE REIMBURSABLE AS MISCELLANEOUS EXPENSES UNDER FTR PARA. 2-3.1B(6). GANESH C. BHUYAN, B-202906, SEPTEMBER 15, 1982; GEORGE M. LIGHTNER, B-184908, MAY 26, 1976.
ACCORDINGLY, WE ARE RETURNING THE VOUCHER FOR $36 SUBMITTED BY MR. CHAPPELL WHICH THE ARMY MAY NOW CERTIFY FOR PAYMENT.