B-139603, OCT. 23, 1959

B-139603, OCT. 23, 1959

TO AMERICAN AIRLINES, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 18, 1959, IN WHICH YOU REQUEST RECONSIDERATION OF OUR DECISION OF JULY 30, 1959, B 139603, SUSTAINING THE DISALLOWANCE OF YOUR BILL 960185-GAO.

WE HAVE RE-EXAMINED THE FILE PERTAINING TO THE MATTER. AS WE INDICATED IN THE DECISION OF JULY 30, THE PLAIN LANGUAGE OF THE TRANSPORTATION REQUEST AUTHORIZED THE FURNISHING OF ONLY "ONE FULL FARE" TICKET. AS WE ALSO INDICATED, EVEN IF MRS. BALLANTYNE'S INFANT SON ACTUALLY OCCUPIED A SEAT THE GOVERNMENT IS NOT LIABLE FOR MORE THAN THE TRANSPORTATION SERVICES AUTHORIZED ON THE TRANSPORTATION REQUEST. THE ARMY REPORTS THAT USE OF A SEAT FOR THE CHILD WAS NOT AUTHORIZED OR REQUESTED BY THE GOVERNMENT, AND THIS REPORT IS SUPPORTED BY THE INFORMATION CONTAINED IN TRANSPORTATION REQUEST NO. M 1,349,483. PAYMENT FROM APPROPRIATED FUNDS, IF OTHERWISE PROPER, MUST NECESSARILY BE LIMITED TO THE SERVICE AUTHORIZED BY THE GOVERNMENT AGENCY INVOLVED, NOTWITHSTANDING THAT THE CARRIER MAY FURNISH MORE AT THE REQUEST OR WITH THE ACQUIESCENCE OF THE TRAVELER. THIS CONNECTION, YOUR ATTENTION IS DIRECTED TO 4 CFR 51.33 WHICH PROVIDES AS OLLOWS:

"SEC. 51.33 THE FURNISHING OF SERVICES OTHER THAN AUTHORIZED. THE UNITED STATES GOVERNMENT WILL NOT BE RESPONSIBLE FOR ANY CHARGES IN EXCESS OF THOSE APPLICABLE FOR TRANSPORTATION AND/OR ACCOMMODATIONS OF THE TYPE, CLASS, OR CHARACTER SPECIFIED IN THE REQUEST. ACCORDINGLY, IF TRANSPORTATION AND/OR ACCOMMODATIONS COSTING MORE THAN THOSE OFFICIALLY AUTHORIZED ON THE REQUEST ARE FURNISHED, THE ADDITIONAL COST MUST BE COLLECTED IN CASH FROM THE TRAVELER AT THE TIME TRANSPORTATION AND/OR ACCOMMODATIONS ARE OBTAINED AND NOT BILLED AGAINST THE GOVERNMENT. * *

SINCE IT SEEMS CLEAR THAT THE GOVERNMENT AUTHORIZED PAYMENT FOR ONE FULL FARE ONLY ON THE SUBJECT TRANSPORTATION REQUEST, REVERSAL OF OUR DECISION OF JULY 30, 1959, IS NOT JUSTIFIED. IT IS ACCORDINGLY AFFIRMED.