[Protest of Navy Purchase Order for Aerobics Classes]
Highlights
A firm protested a Navy purchase order for aerobics classes, contending that the: (1) Navy failed to extend the solicitation under simplified acquisition procedures; and (2) awardee was not a certified aerobics instructor. GAO held that the: (1) Navy made several attempts to solicit the protester's quote; and (2) awardee provided sufficient evidence of aerobic certification. Accordingly, the protest was denied.
A-58867, JANUARY 2, 1935, 14 COMP. GEN. 501
TRANSPORTATION - PRIVATE MOUNT - EXCESS - ARMY OFFICER WHERE AN ARMY OFFICER'S PRIVATE MOUNT IS LOCATED AT A REMOUNT DEPOT TO WHICH IT HAD BEEN SHIPPED ON THE OFFICER'S CHANGE OF STATION TO DISMOUNTED SERVICE, FURTHER TRANSPORTATION OF SUCH MOUNT FROM THE REMOUNT DEPOT TO HIS NEW STATION IS NOT AUTHORIZED WHEN THE OFFICER'S DUTY AT THE NEW STATION IS LATER CHANGED FROM DISMOUNTED TO MOUNTED SERVICE, NO CHANGE OF STATION BEING INVOLVED.
DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 2, 1935:
THERE IS FOR CONSIDERATION THE AMOUNT PROPERLY CHARGEABLE AS EXCESS TO CAPT. WALTER P. O-BRIEN, 29TH INFANTRY, UNITED STATES ARMY, BY REASON OF SHIPMENT OF TWO PRIVATE MOUNTS FROM FRONT ROYAL, VA., TO FORT BENNING, GA., ON GOVERNMENT BILL OF LADING NO. WQ-504532, DATED MAY 31, 1933.
PARAGRAPH 15, WAR DEPARTMENT SPECIAL ORDERS NO. 42, FEBRUARY 19, 1932, RELIEVED CAPTAIN O-BRIEN FROM ASSIGNMENT TO DUTY IN HAWAII AND ORDERED HIM TO FORT BENNING "FOR ASSIGNMENT TO DUTY UNTIL THE OPENING OF THE INFANTRY SCHOOL.' PARAGRAPH 6, WAR DEPARTMENT SPECIAL ORDERS NO. 101, MAY 2, 1933, RELIEVED CAPTAIN O-BRIEN FROM ASSIGNMENT TO DUTY AS A STUDENT AT THE INFANTRY SCHOOL UPON THE COMPLETION OF THE COURSE OF INSTRUCTION AND THEN ASSIGNED HIM TO THE 29TH INFANTRY AT FORT BENNING. PARAGRAPH 5, SPECIAL ORDERS NO. 112, HEADQUARTERS 29TH INFANTRY, MAY 20, 1933, ASSIGNED THE OFFICER TO THE REGIMENTAL MACHINE GUN COMPANY.
UNDER PARAGRAPH 1A, (4), (G), CHANGES 1, FEBRUARY 25, 1930, ARMY REGULATIONS, 605-130,"OFFICERS ASSIGNED TO ANIMAL-DRAWN MACHINE-GUN * * * COMPANIES" ARE REQUIRED TO BE MOUNTED, AND UNDER REGULATIONS PROMULGATED PURSUANT TO THE ACT OF JULY 9, 1918, 40 STAT. 859, PAR. 5, A.R. 605-130, THE OFFICER WAS ENTITLED TO HAVE HIS AUTHORIZED MOUNT SHIPPED TO A REMOUNT DEPOT AND IT WAS SO SHIPPED TO FRONT ROYAL, VA., ON CHANGE OF STATION FROM HAWAII TO THE INFANTRY SCHOOL AT FORT BENNING, GA.
THE REGULATIONS PROVIDE FOR TRANSPORTATION OF AN OFFICER'S AUTHORIZED PRIVATE MOUNT ON CHANGE OF STATION, UNDER THE AUTHORIZATION FOR TRANSPORTATION OF THE ARMY AND ITS SUPPLIES, ETC., CONTAINED IN ANNUAL APPROPRIATIONS FOR "ARMY TRANSPORTATION.' THE ACT OF MARCH 23, 1910 (36 STAT. 255), RECOGNIZES THAT THE RIGHT ATTACHES ONLY ON CHANGE OF STATION BUT PROVIDES FOR TRANSPORTATION OF HORSES OWNED BY AN OFFICER FROM POINT OF PURCHASE TO HIS STATION "WHEN HE WOULD HAVE BEEN ENTITLED TO AND DID NOT HAVE HIS AUTHORIZED NUMBER OF OWNED HORSES SHIPPED UPON HIS LAST CHANGE OF STATION, AND WHEN THE COST OF SHIPMENT DOES NOT EXCEED THAT FROM HIS OLD TO HIS NEW STATION.'
CAPTAIN O-BRIEN, WHILE AT THE INFANTRY SCHOOL, WAS IN A DISMOUNTED STATUS. THE ORDERS OF MAY 2, 1933, CHANGED HIS DUTY AS AN UNMOUNTED OFFICER AND NOT HIS STATION. HIS LATER ORDERS OF MAY 20, 1933, AGAIN CHANGED HIS DUTY, AND NOT HIS STATION, TO DUTY PRESUMABLY REQUIRING HIM TO BE MOUNTED, IF THE MACHINE-GUN COMPANY OF THE 29TH INFANTRY IS IN FACT ANIMAL-DRAWN (THE PAPERS BEING SILENT AS TO THIS SITUATION).
PARAGRAPH 26A, ARMY REGULATIONS 30-965, LISTS CONDITIONS UNDER WHICH TRANSPORTATION AT GOVERNMENT EXPENSE OF PRIVATE MOUNTS OF OFFICERS ON CHANGE OF STATION IS NOT AUTHORIZED, INCLUDING---
(6) CHANGE FROM DISMOUNTED TO MOUNTED STATUS AFTER ARRIVAL AT NEW STATION.--- WHEN AN OFFICER ON A DISMOUNTED STATUS WHO CHANGES STATION AS AN UNMOUNTED OFFICER IS ASSIGNED AFTER ARRIVAL AT HIS NEW STATION TO DUTY WHICH REQUIRES HIM TO BE MOUNTED, HIS PRIVATE MOUNTS WILL NOT BE TRANSPORTED AT GOVERNMENT EXPENSE FROM HIS OLD TO HIS NEW STATION.
THIS OFFICER APPEARS TO HAVE BEEN ON MOUNTED DUTY IN HAWAII (THOUGH THERE IS NO EVIDENCE TO THAT EFFECT IN THE PAPERS). HE WAS ASSIGNED TO DISMOUNTED SERVICE AT FORT BENNING AND HIS MOUNT WAS SHIPPED TO THE REMOUNT DEPOT, FRONT ROYAL, VA. AFTER COMPLETING THE INFANTRY OFFICERS' COURSE AT FORT BENNING, HE WAS ASSIGNED TO STATION THERE AND WAS ASSIGNED TO THE MACHINE GUN COMPANY, PRESUMABLY REQUIRING HIM TO BE MOUNTED. THAT IS, HE WAS CHANGED FROM DISMOUNTED SERVICE AT FORT BENNING AFTER A YEAR'S SERVICE THERE TO MOUNTED SERVICE THERE.
THE LAW AND REGULATIONS AUTHORIZE TRANSPORTATION OF PRIVATE MOUNTS ONLY ON CHANGE OF STATION AND NO CHANGE OF STATION IS INVOLVED. AS THE OFFICER WAS CHANGED FROM DISMOUNTED TO MOUNTED DUTY AFTER ARRIVAL AT HIS NEW STATION, TRANSPORTATION OF HIS AUTHORIZED PRIVATE MOUNT AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED FROM FRONT ROYAL, VA., TO FORT BENNING, GA.
ACCORDINGLY, THE ENTIRE COST OF SUCH SHIPMENT WAS "EXCESS" AND MAY NOT BE CHARGED TO APPROPRIATED FUNDS. THE TOTAL COST OF THE SHIPMENT, $94.18, IS PROPERLY CHARGEABLE TO THE OFFICER. INASMUCH AS $47.05 HAS BEEN COLLECTED HERETOFORE THE BALANCE OF $47.13 REMAINS FOR COLLECTION.