B-172094, JUL 20, 1971

B-172094, JUL 20, 1971

CIVILIAN EMPLOYEE - CHANGE OF STATION - SPECIAL SERVICES - MISCELLANEOUS EXPENSES AN ADVANCE DECISION CONCERNING THE CLAIM BY GERALD R. LATIMER, AN EMPLOYEE OF THE BUREAU OF RECLAMATION, FOR EXPENSES FOR EXTRA SERVICES IN THE MOVEMENT OF HIS MOBILE HOME IN CONNECTION WITH A PERMANENT CHANGE OF STATION. CHARGES FOR DISASSEMBLING AND REASSEMBLING OF THE MOBILE HOME IN CONNECTION WITH CLAIMANT'S MOVE MUST BE CONSIDERED AS CHARGES FOR "SPECIAL SERVICES", REIMBURSEMENT OF WHICH ARE PRECLUDED BY SECTION 9.3A(3) OF OMB CIR. NO. A-56. SIMILARLY, THE RENTAL OF AXLES, HITCHES, AND TIRES ARE COSTS INCIDENT TO THE PREPARATION OF THE MOBILE HOME FOR MOVEMENT AND THUS ARE NOT REIMBURSABLE. HOWEVER, SINCE THE ABOVE WERE NECESSARY EXPENSES INCIDENT TO THE RELOCATION OF CLAIMANT'S MOBILE HOME, THEY MAY BE CONSIDERED MISCELLANEOUS EXPENSES UNDER SECTION 3 OF THE CIRCULAR.

TO MR. HAROLD J. FARRALL:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 3, 1971, REFERENCE 7- 360, AND ENCLOSURES, IN WHICH YOU REQUEST AN ADVANCE DECISION IN REGARD TO A CLAIM SUBMITTED BY MR. GERALD R. LATIMER, AN EMPLOYEE OF YOUR AGENCY, FOR EXPENSES INCURRED FOR EXTRA SERVICES IN THE MOVEMENT OF HIS MOBILE HOME IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION.

BY TRAVEL AUTHORIZATION DATED OCTOBER 14, 1970, MR. LATIMER WAS AUTHORIZED TO TRAVEL FROM CUSTER, SOUTH DAKOTA, TO DENVER, COLORADO. HOUSE TRAILER FOR USE AS A RESIDENCE WAS AUTHORIZED TO BE TRANSPORTED BY COMMERCIAL CARRIER AT GOVERNMENT EXPENSE.

THE RECORD DISCLOSES THAT THE CLAIMANT HAS BEEN REIMBURSED FOR THE ACTUAL COST OF TRANSPORTING HIS MOBILE HOME BY COMMERCIAL CARRIER TO HIS NEW DUTY STATION. HOWEVER, DUE TO THE UNUSUAL SIZE OF HIS DOUBLE WIDE MOBILE HOME (24 FEET BY 64 FEET) CONSISTING OF TWO SECTIONS SET ON BLOCKS HE HAD TO PAY FOR TAKING THE TWO HALVES APART. IN ADDITION, THE TWO SECTIONS HAD TO BE SEALED FOR MOVEMENT ON THE HIGHWAY AND TO PROTECT HIS FAMILY'S BELONGINGS WHILE ON THE ROAD AND WHILE WAITING FOR HIS MOBILE HOME TO BE SET UP AT HIS NEW STATION. A LARGE SECTION OF THE ROOF HAD TO BE REMOVED IN ORDER TO DETACH BOLTS LOCATED ALONG THE TOP AND ALSO AT THE BOTTOM OF THE TRAILER. ALSO, AXLES AND WHEELS HAD TO BE RENTED AND HAULED FROM THE FACTORY AT LOVELAND, COLORADO, TO CUSTER, SOUTH DAKOTA, IN ORDER TO TRANSPORT THE TRAILER ALONG THE HIGHWAY. UPON ARRIVAL IN DENVER, THE TWO HALVES OF THE MOBILE HOME HAD TO BE REASSEMBLED AND CARPETING WHICH HAD BEEN CUT FOR PURPOSES OF MOVING HAD TO BE SEWN AND RELAID WHEN THE TRAILER WAS REASSEMBLED.

YOU REPORT THAT THE EXPENSES INCURRED BY THE EMPLOYEE WHICH ARE SUPPORTED BY RECEIPTS ARE AS FOLLOWS:

LABOR AND MATERIAL TO TAKE UNITS APART AND SEAL THE ENDS $282.52

RENTAL OF 6 AXLES, 2 HITCHES, AND 14 TIRES 75.00

LABOR AND MILEAGE TO HAUL AXLES, HITCHES, AND TIRES FROM

LOVELAND (NEAR DACONO) TO CUSTER, SOUTH DAKOTA 84.19

LABOR AND MATERIAL TO PUT UNITS TOGETHER AT DACONO 370.00

LABOR TO RELAY CARPET IN REASSEMBLED HOME 25.00

COMBINED AMOUNT $836.71

YOU FURTHER STATE THAT REIMBURSEMENT UNDER SECTION 3, ALLOWANCE FOR MISCELLANEOUS EXPENSES, OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A- 56, REVISED JUNE 26, 1969, WAS NOT MADE BECAUSE MR. LATIMER'S BIWEEKLY SALARY OF $472.80 WOULD LIMIT REIMBURSEMENT TO ONLY ABOUT 50 PERCENT OF HIS EXPENSES. INSTEAD, YOU REIMBURSED HIM $200 TO COVER MINOR MISCELLANEOUS EXPENSES. YOU STATE, HOWEVER, THAT IF HE CANNOT BE REIMBURSED UNDER THE PROVISIONS OF SECTION 9 OF THE CIRCULAR FOR THE EXTRA EXPENSES INCURRED IN MOVING HIS MOBILE HOME, THEN RECONSIDERATION WILL BE GIVEN TO REIMBURSEMENT OF AN ADDITIONAL AMOUNT UNDER THE PROVISIONS OF SECTION 3.

THE COMPUTATION OF ALLOWANCES WHEN A HOUSE TRAILER IS TRANSPORTED BY A COMMERCIAL CARRIER IS CONTAINED IN SECTION 9.3A OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56. SECTION 1.2G DEFINES "HOUSE TRAILER" AS MEANING ALL TYPES OF MOBILE DWELLINGS CONSTRUCTED FOR USE AS A RESIDENCE AND DESIGNED TO BE MOVED OVERLAND, EITHER SELF-PROPELLED OR BY TOWING. SECTION 9.3A PROVIDES AS FOLLOWS:

"A. WHEN A HOUSE TRAILER IS TRANSPORTED BY A COMMERCIAL CARRIER,

"(1) THE ALLOWANCE SHALL INCLUDE THE CARRIER'S CHARGES FOR ACTUAL TRANSPORTATION OF THE TRAILER IN AN AMOUNT NOT EXCEEDING THE APPLICABLE TARIFF AS APPROVED BY THE INTERSTATE COMMERCE COMMISSION (OR APPROPRIATE STATE REGULATORY BODY FOR INTRASTATE MOVEMENTS) FOR TRANSPORTATION OF A TRAILER OF THE SIZE AND TYPE INVOLVED FOR THE DISTANCE INVOLVED, COMPUTED AS PROVIDED IN SECTION 9.2.

"(2) THE ALLOWANCE ALSO SHALL INCLUDE FERRY FARES AND BRIDGE, ROAD, AND TUNNEL TOLLS, TAXES, CHARGES OR FEES FIXED BY A STATE OR MUNICIPAL AUTHORITY FOR PERMITS TO TRANSPORT HOUSE TRAILERS IN OR THROUGH ITS JURISDICTION, SIMILAR CHARGES IMPOSED BY A CANADIAN JURISDICTION FOR A TRAILER BEING TRANSPORTED BETWEEN ALASKA AND THE CONTINENTAL UNITED STATES, AND CARRIERS' SERVICE CHARGES FOR OBTAINING NECESSARY PERMITS.

"(3) ALLOWANCES SHALL NOT INCLUDE COSTS OF PREPARING TRAILERS FOR MOVEMENT, MAINTENANCE, REPAIRS, STORAGE, INSURANCE FOR VALUATION OF TRAILERS ABOVE CARRIERS' MAXIMUM RESPONSIBILITY, NOR CHARGES DESIGNATED IN THE TARIFFS AS 'SPECIAL SERVICE.'"

THE REPORTED CHARGES FOR DISASSEMBLING AND REASSEMBLING THE CLAIMANT'S MOBILE HOME (TAKING APART THE TWO SECTIONS AND SEALING THE ENDS, $282.52; PUTTING THE TWO SECTIONS TOGETHER, $370; AND SEWING AND RELAYING THE CARPET, $25) ARE "SPECIAL SERVICES" AS CONTAINED IN THE MOBILE HOUSING CARRIERS CONFERENCE, INC., FREIGHT TARIFF NO. 10-B, MF I.C.C. NO. 14. RULE 170 THEREOF, SPECIAL SERVICES, INCLUDES SUCH SPECIAL SERVICES AS "ASSEMBLE OR DISASSEMBLE TRAILER OR ADDITIONS THERETO."

THEREFORE, WE ARE OF THE OPINION THAT THE CHARGES FOR DISASSEMBLING AND REASSEMBLING OF THE MOBILE HOME IN CONNECTION WITH THE MOVE MUST BE CONSIDERED AS CHARGES FOR PREPARING THE HOME FOR MOVEMENT OR "SPECIAL SERVICE" CHARGES REIMBURSEMENT OF WHICH ARE PRECLUDED BY SECTION 9.3A(3) OF CIRCULAR NO. A-56. SEE B-164057, JUNE 5, 1968; B-162634, JANUARY 9, 1968; B-160630, JANUARY 23, 1967; AND B-156315, JULY 21, 1966; COPIES HEREWITH. SEE ALSO 47 COMP. GEN. 107 (1967) AND 44 COMP. GEN. 619 (1965).

SIMILARLY, THE RENTAL OF THE AXLES, HITCHES, AND TIRES AND THE COST OF MOVING THEM FROM LOVELAND TO CUSTER ARE ALSO COSTS INCIDENT TO THE PREPARATION OF THE CLAIMANT'S MOBILE HOME FOR MOVEMENT AND HENCE ARE SPECIFICALLY EXCLUDED FROM REIMBURSEMENT UNDER SECTION 9.3A(3).

IN REGARD TO YOUR RECONSIDERATION OF THE AMOUNT OF THE MISCELLANEOUS EXPENSES ALLOWANCE PAYABLE TO MR. LATIMER, SINCE THE ITEMS PREVIOUSLY ENUMERATED WERE NECESSARY EXPENSES INCIDENT TO THE RELOCATION OF HIS MOBILE HOME, IT WOULD APPEAR THAT THEY MAY BE CONSIDERED AS MISCELLANEOUS EXPENSES UNDER SECTION 3 OF THE CIRCULAR. SEE OUR DECISIONS B-168109, NOVEMBER 14, 1969; B-166247, MARCH 13, 1969; AND B 164357, JULY 1, 1968; COPIES ENCLOSED.

THE RECLAIM VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.