B-138062, JUL. 2, 1959

B-138062, JUL. 2, 1959

TO MR. A. M. FLATEQUAL, AUTHORIZED CERTIFYING OFFICER, FOREIGN AGRICULTURAL SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE:

YOUR LETTER OF MAY 5, 1959, WITH ENCLOSURES, REQUESTS RECONSIDERATION OF OUR DECISION OF JANUARY 2, 1959, B-138062, WHICH HELD THAT A RECLAIM VOUCHER IN FAVOR OF HAROLD C. LARSEN, AN EMPLOYEE OF THE FOREIGN AGRICULTURAL SERVICE, COULD NOT BE CERTIFIED FOR PAYMENT. THE RECLAIM VOUCHER IN THE TOTAL AMOUNT OF $24.56, WHICH WAS ADMINISTRATIVELY SUSPENDED ON HIS ORIGINAL TRAVEL VOUCHER, REPRESENTS THE COST OF TRANSPORTING MR. LARSEN'S AUTOMOBILE BY BOAT FROM STOCKHOLM, SWEDEN, TO HELSINKI, FINLAND, A DISTANCE OF APPROXIMATELY 256 MILES, ON JUNE 11, 1958. IN FAVOR OF HAROLD C. LARSEN, AN EMPLOYEE OF THE FOREIGN AGRICULTURAL SERVICE, COULD NOT BE CERTIFIED FOR PAYMENT. THE RECLAIM VOUCHER IN THE TOTAL AMOUNT OF $24.56, WHICH WAS ADMINISTRATIVELY SUSPENDED ON HIS ORIGINAL TRAVEL VOUCHER, REPRESENTS THE COST OF TRANSPORTING MR. LARSEN'S AUTOMOBILE BY BOAT FROM STOCKHOLM, SWEDEN, TO HELSINKI, FINLAND, A DISTANCE OF APPROXIMATELY 256 MILES, ON JUNE 11, 1958.

THE RECORD SHOWS THAT MR. LARSEN, THE AGRICULTURE ATTACHE FOR SWEDEN AND FINLAND WITH HEADQUARTERS IN STOCKHOLM, SWEDEN, WHILE TRAVELING ON OFFICIAL BUSINESS BETWEEN STOCKHOLM AND HELSINKI, TRAVELED BY AIRPLANE AND HAD HIS AUTOMOBILE SHIPPED BY BOAT. IN OUR DECISION OF JANUARY 2, 1959, WE SAID THAT WE HAD FOUND NO SPECIFIC OR GENERAL PROVISIONS OF LAW OR REGULATIONS UNDER WHICH THE TRANSPORTATION EXPENSES FOR AN EMPLOYEE'S PRIVATELY OWNED AUTOMOBILE UNDER CIRCUMSTANCES SIMILAR TO THOSE COVERED BY THE RECLAIM VOUCHER MAY BE ALLOWED.

YOU SAY IN YOUR LETTER:

"* * * AS PREVIOUSLY STATED, MR. LARSEN, WHILE HEADQUARTERED IN STOCKHOLM, WAS ASSIGNED RESPONSIBILITY FOR AGRICULTURAL REPORTING FOR BOTH SWEDEN AND FINLAND. THIS REQUIRES CONSIDERABLE TRAVEL BETWEEN THE CAPITOL CITIES AND IN CARRYING OUT CERTAIN DUTIES OF HIS OFFICE. THE USE OF AN AUTOMOBILE IS ESSENTIAL TO THE ACCOMPLISHMENT OF THE MISSION.

"BECAUSE OF THE LOCATION OF THE TWO COUNTRIES, THE ALTERNATIVE TO MOVE THE CAR BY BOAT, FROM STOCKHOLM TO HELSINKI, WOULD HAVE BEEN AN OVER-LAND TRIP OF ABOUT 1,218 MILES (DIRECT ROUTING) PLUS 4 OR 5 DAYS PER DIEM DEPENDING ON ROAD CONDITIONS. THIS COST WOULD HAVE BEEN $121.80 FOR MILEAGE, PLUS $48 OR $60, FOR PER DIEM, WITHOUT CONSIDERATION OF THE ADDITIONAL TIME THE ATTACHE WOULD HAVE BEEN ABSENT FROM HIS OFFICE.

"* * * WITHOUT TAKING INTO CONSIDERATION THE PER DIEM SAVINGS INVOLVED IN THE OVER-WATER TRAVEL BETWEEN STOCKHOLM AND HELSINKI, WE WISH TO POINT OUT THE ECONOMY OF THE METHOD OF TRAVEL UTILIZED OVER THAT WHICH WOULD HAVE BEEN INVOLVED IF THE GOING OUT TRIP HAD BEEN OVER-LAND BY CAR.

TABLE

"1. IF EMPLOYEE HAD TRAVELED BY BOAT ACCOMPANIED BY CAR:

ONE WAY BOAT TICKET PLUS CABIN CHARGE: $22.04

TRANSPORTATION OF CAR: 24.60

TOTAL $46.64

"2. IF EMPLOYEE TRAVELED BY PLANE AND SHIPPED

CAR (UNACCOMPANIED):

ONE WAY AIR TICKET: $25.50

TRANSPORTATION OF CAR: 49.20

TOTAL $74.70

"3. TRANSPORTATION COST ACTUALLY INCURRED:

ONE WAY AIR TICKET: $25.50

ONE WAY TRANSPORTATION OF CAR: $24.60*

TOTAL $50.10

*THE EMPLOYEE RECEIVED THE LOWER RATE FOR TRANSPORTING CAR,

VIA BOAT, SINCE IT WAS ACCOMPANIED BY ANOTHER PERSON.

"4. AGAINST ANY OF THE ABOVE COSTS, THERE WOULD HAVE BEEN A MILEAGE EXPENSE FOR TRAVEL BY CAR FROM STOCKHOLM TO HELSINKI, VIA HAPARANDA, AS FOLLOWS:

1,218 MILES AT 10 CENTS OR $121.80

"THERE RESULTS A SAVING IN TRANSPORTATION OF ABOUT $71.70 BY THE METHOD USED OVER THE USE OF A CAR FOR THE OUTGOING TRIP. IN ADDITION THERE SHOULD BE CONSIDERED THE SAVING IN PER DIEM WHICH WOULD INVOLVE 4 OR 5 DAYS IF TRAVEL WERE BY CAR, APPROXIMATELY 1 DAY BY BOAT, AND 1/4 DAY BY AIR. * * *"

THE INFORMATION NOW AVAILABLE SHOWS THAT (1) WHILE AN AUTOMOBILE ROUTE IS AVAILABLE THERE WOULD HAVE BEEN AN INCREASED COST TO THE GOVERNMENT BECAUSE OF THE MILEAGE AND ADDITIONAL TRAVEL TIME OF APPROXIMATELY 4 DAYS, (2) THE USE OF THE BOAT TO TRANSPORT THE AUTOMOBILE WHILE EVIDENTLY NOT A ,FERRY" WITHIN THE LITERAL MEANING OF SECTION 3.5B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WHEN CONSIDERED TOGETHER WITH THE "PRUDENT PERSON" PROVISION IN SECTION 1.1 OF THE REGULATIONS, FALLS WITHIN THE SPIRIT OF THE REGULATIONS, AND (3) THE USE OF AN AUTOMOBILE WAS DETERMINED ADMINISTRATIVELY AS ESSENTIAL TO THE ACCOMPLISHMENT OF THE ASSIGNED MISSION. IN THAT REGARD WE ASSUME THAT NO GOVERNMENT AUTOMOBILE WAS AVAILABLE AT HELSINKI AND THAT HIRE OF A SPECIAL CONVEYANCE WAS NOT FEASIBLE. IN THE REPORTED CIRCUMSTANCES OF THIS PARTICULAR CASE, OUR OFFICE WILL NOT OBJECT TO CERTIFICATION OF THE VOUCHER IF OTHERWISE CORRECT.