B-145533, OCT. 30, 1961
Highlights
WHERE THE INDIRECT TRAVEL INVOLVES THE USE OF SHIPS OF FOREIGN REGISTRY THERE IS FOR APPLICATION THE RULE APPLIED IN 11 COMP. IN RESPONSE TO YOUR QUESTION WHETHER THERE ARE ANY ADDITIONAL ADMINISTRATIVE STEPS WHICH MAY BE TAKEN IN CONNECTION WITH THIS MATTER. YOU ARE ADVISED THAT THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT AND THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISION.
B-145533, OCT. 30, 1961
TO MR. DONALD E. GRAHAM:
THIS REFERS TO YOUR LETTER OF OCTOBER 19, 1961, CONCERNING THE INDEBTEDNESS OF MR. ROBERT EISENBERG TO THE UNITED STATES FOR THE EXCESS COST OF THE TRANSPORTATION OF HIS WIFE IN TRAVELING FROM MEXICO CITY, MEXICO, TO VIENTIANE, LAOS.
YOU REQUEST THAT WE RECONSIDER OUR DECISION REGARDING THE INDEBTEDNESS OF MR. EISENBERG. IN OUR DECISION OF JUNE 16, 1961, TO MR. EISENBERG AND IN OUR LETTER OF SEPTEMBER 25, 1961, TO YOU, WE FULLY REVIEWED THE MATTER OF MR. EISENBERG'S INDEBTEDNESS, INCLUDING THE EFFECT OF THE REGULATION, 180 FSTR 3.5, TO WHICH YOU REFER. IT SHOULD BE POINTED OUT THAT 180 FSTR 3.5 PROVIDES FOR THE ALLOWANCE OF CONSTRUCTIVE COST ONLY BY A DIRECT ROUTE REGARDLESS OF THE ROUTE ACTUALLY USED. WHERE THE INDIRECT TRAVEL INVOLVES THE USE OF SHIPS OF FOREIGN REGISTRY THERE IS FOR APPLICATION THE RULE APPLIED IN 11 COMP. GEN. 4, CITED IN OUR LETTER OF SEPTEMBER 25, 1961, TO YOU.
IN RESPONSE TO YOUR QUESTION WHETHER THERE ARE ANY ADDITIONAL ADMINISTRATIVE STEPS WHICH MAY BE TAKEN IN CONNECTION WITH THIS MATTER, YOU ARE ADVISED THAT THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT AND THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISION. HOWEVER, WE DIRECT YOUR ATTENTION TO THE PROVISIONS OF 28 U.S.C. 1346; ID. 1491, CONCERNING MATTERS COGNIZABLE IN THE DISTRICT COURTS OF THE UNITED STATES AND IN THE UNITED STATES COURT OF CLAIMS.