A-71327, APRIL 16, 1936, 15 COMP. GEN. 917

A-71327: Apr 16, 1936

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WHERE THE EXACT WEIGHT COULD NOT BE DETERMINED AT THE TIME THE CONTRACT WAS MADE. THE EMPLOYEE IS CHARGEABLE WITH THE EXCESS WEIGHT COST NOTWITHSTANDING THE CARRIER'S CERTIFICATION THAT NO CHARGE WAS MADE ON ACCOUNT OF ANY EXCESS. 1936: REFERENCE IS HAD TO THE LETTERS OF THE COMMISSIONER OF IMMIGRATION AND NATURALIZATION DATED DECEMBER 22. WAS AUTHORIZED TO TRANSFER. IN CONNECTION WITH SUCH TRANSFER THERE WERE AUTHORIZED THE TRAVELING AND OTHER EXPENSES OF THE EMPLOYEE IN PROCEEDING TO HIS NEW OFFICIAL STATION IN ACCORDANCE WITH GENERAL ORDER NO. 178. BIDS WERE INVITED. IT APPEARS THAT THREE BIDS WERE RECEIVED. WAS ACCEPTED ON AUGUST 15. IT FURTHER APPEARS THAT THE MOVEMENT OF THE HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY OF THE OFFICER AT THIS PRICE WAS THE MOST ECONOMICAL MEANS OF TRANSPORTATION AND THAT THE TRANSPORTATION WAS EFFECTED ON AUGUST 17.

A-71327, APRIL 16, 1936, 15 COMP. GEN. 917

TRANSPORTATION OF HOUSEHOLD EFFECTS - EXCESS WEIGHT - IMMIGRATION AND NATURALIZATION SERVICE EMPLOYEES PAYMENT MAY BE MADE TO THE CONTRACTOR IN THE FULL AMOUNT OF THE ACCEPTED LOW BID FOR PACKING, CRATING, AND SHIPPING BY MOTOR VAN THE HOUSEHOLD EFFECTS AND PERSONAL PROPERTY OF AN EMPLOYEE OF THE IMMIGRATION AND NATURALIZATION SERVICE ON PERMANENT CHANGE OF STATION NOTWITHSTANDING AN EXCESS IN WEIGHT OVER THAT AUTHORIZED TO BE SHIPPED AT GOVERNMENT EXPENSE UNDER THE ACT OF FEBRUARY 21, 1931, 46 STAT. 1205, WHERE THE EXACT WEIGHT COULD NOT BE DETERMINED AT THE TIME THE CONTRACT WAS MADE, BUT THE EMPLOYEE IS CHARGEABLE WITH THE EXCESS WEIGHT COST NOTWITHSTANDING THE CARRIER'S CERTIFICATION THAT NO CHARGE WAS MADE ON ACCOUNT OF ANY EXCESS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF LABOR, APRIL 16, 1936:

REFERENCE IS HAD TO THE LETTERS OF THE COMMISSIONER OF IMMIGRATION AND NATURALIZATION DATED DECEMBER 22, 1934, AND FEBRUARY 6, AND JUNE 29, 1935, RELATIVE TO THE CLAIM OF THE GREYVAN LINES, INC., FOR $13.77, REPRESENTING A BALANCE CLAIMED FOR PACKING, CRATING, DRAYING, AND SHIPPING THE HOUSEHOLD EFFECTS AND PERSONAL PROPERTY OF FRANK G. PUGSLEY, IMMIGRATION AND NATURALIZATION SERVICE, FROM SYRACUSE TO KENMORE, N.Y.,IN ACCORDANCE WITH BID DATED AUGUST 6, 1934, ACCEPTED AUGUST 15, 1934.

IT APPEARS THAT UNDER DATE OF JULY 20, 1934, THE DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE, BUFFALO, N.Y., WAS AUTHORIZED TO TRANSFER, AMONG OTHER EMPLOYEES, DIVISIONAL DIRECTOR FRANK G. PUGSLEY, FROM SYRACUSE TO BUFFALO, N.Y. IN CONNECTION WITH SUCH TRANSFER THERE WERE AUTHORIZED THE TRAVELING AND OTHER EXPENSES OF THE EMPLOYEE IN PROCEEDING TO HIS NEW OFFICIAL STATION IN ACCORDANCE WITH GENERAL ORDER NO. 178, UNITED STATES DEPARTMENT OF LABOR, BUREAU OF IMMIGRATION, DATED SEPTEMBER 5, 1931, AND SUPPLEMENTS THERETO, PAYABLE UNDER THE APPROPRIATION "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE, 1935.'

IN PURSUANCE TO THE AUTHORIZATION OF JULY 20, 1934, AND IN ACCORDANCE WITH PARAGRAPH 6 (A) OF GENERAL ORDER NO. 178, SUPRA, BIDS WERE INVITED---

FOR ACTUAL CHARGES INCLUDING THE COST OF PACKING, CRATING, DRAYAGE, AND SHIPMENT BY MOTOR VAN ALL HOUSEHOLD EFFECTS AND PERSONAL PROPERTY OF FRANK G. PUGSLEY, FROM 137 CLARK STREET, SYRACUSE, N.Y., TO SUCH ADDRESS IN BUFFALO, N.Y., AS MAY BE DESIGNATED, INCLUDING ALL FURNITURE AND EFFECTS IN THE HOUSE AT 137 CLARKE STREET, SYRACUSE, N.Y., EXCEPT KITCHEN STOVE; WRITING DESK, AND CHAIR WITH SAME; VICTROLA PHONOGRAPH AND RECORDS WITH SAME; NOT EXCEEDING FIVE THOUSAND POUNDS (5,000 LBS.)

IT APPEARS THAT THREE BIDS WERE RECEIVED, THAT OF GREYVAN LINES, INC., IN THE AMOUNT OF $78.75, BEING THE LOW BID, WAS ACCEPTED ON AUGUST 15, 1934. IT FURTHER APPEARS THAT THE MOVEMENT OF THE HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY OF THE OFFICER AT THIS PRICE WAS THE MOST ECONOMICAL MEANS OF TRANSPORTATION AND THAT THE TRANSPORTATION WAS EFFECTED ON AUGUST 17, 1934. THE VOUCHER IN PAYMENT OF THE SERVICES RENDERED UNDER THE CONTRACT WAS PRESENTED TO THIS OFFICE ON SCHEDULE NO. 3155, DECEMBER 12, 1934, IN THE AMOUNT OF $78.75 AND WAS CERTIFIED FOR PAYMENT FOR $64.98, THE SUM OF $13.77 BEING DEDUCTED ON PREAUDIT AS THE COST OF THE EXCESS WEIGHT OF THE SHIPMENT. PAYMENT WAS MADE ON VOUCHER NO. 739873 IN THE AMOUNT OF $64.98 IN THE DECEMBER 1934 ACCOUNTS OF G. F. ALLEN, SYMBOL 109- 100.

THE ACT OF FEBRUARY 21, 1931, 46 STAT. 1205, PROVIDES THAT TRANSFERRED EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE--

* * * MAY ALSO BE ALLOWED, WITHIN THE DISCRETION AND UNDER WRITTEN ORDERS OF THE SECRETARY OF LABOR, THE EXPENSES INCURRED FOR THE TRANSFER OF * * * THEIR HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY, NOT EXCEEDING IN ALL 5,000 POUNDS, INCLUDING THE EXPENSES FOR PACKING, CRATING, FREIGHT, AND DRAYAGE THEREOF. * * *

REGULATIONS ISSUED SEPTEMBER 5, 1931, GENERAL ORDER NO. 178, SUPRA, UNDER THE ABOVE STATUTE, CONTAIN THE FOLLOWING PROVISIONS:

7 (A). FREIGHT CHARGES INCURRED IN SHIPPING THE EMPLOYEE'S HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY, NOT EXCEEDING IN ALL FIVE THOUSAND POUNDS, WILL BE ALLOWED.

(B) THE GROSS WEIGHT OF ALL ARTICLES SHIPPED, INCLUDING THE WEIGHT OF THE PACKING CASES, CREATES, AND OTHER CONTAINERS, SHALL NOT EXCEED IN ALL FIVE THOUSAND POUNDS. ANY EXPENSES FOR PACKING, CRATING, DRAYAGE, OR FREIGHT, IN EXCESS OF THE EXPENSE FOR FIVE THOUSAND POUNDS, MUST BE BORNE BY THE EMPLOYEE.

(G) EXCEPT AS PROVIDED IN PARAGRAPH 7 (H) HEREOF, THE HOUSEHOLD EFFECT AND OTHER PERSONAL PROPERTY OF EMPLOYEES WILL BE SHIPPED BY THE MOST ECONOMICAL MEANS OF TRANSPORTATION AVAILABLE, CONSISTENT WITH SAFE SERVICE. IN DETERMINING THE MOST ECONOMICAL MEANS OF TRANSPORTATION, ALL AVAILABLE MEANS OF TRANSPORTATION WILL BE CONSIDERED, INCLUDING AUTOMOBILE TRUCK, RAIL, AND WATER, AND CONSIDERATION WILL ALSO BE GIVEN TO THE COST OF PACKING, CRATING, AND DRAYAGE.

(J) THE ALLOWANCE FOR FREIGHT CHARGES WILL NOT EXCEED THE MINIMUM FREIGHT RATE APPLICABLE TO THE HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY BELONGING TO AND SHIPPED BY THE EMPLOYEE. IF A HIGHER FREIGHT RATE IS INCURRED BY REASON OF A VALUATION BEING PLACED ON THE GOODS, THE EXCESS CHARGES WILL BE BORNE BY THE EMPLOYEE.

SINCE IT APPEARS THAT AT THE TIME THE CONTRACT FOR THE PACKING, CRATING, AND TRANSPORTATION OF THE GOODS WAS MADE THE EXACT WEIGHT OF THE SHIPMENT, INCLUDING PACKING CRATES AND OTHER CONTAINERS, COULD NOT BE DETERMINED, SETTLEMENT IN FAVOR OF GREYVAN LINES, INC., IN THE AMOUNT OF $13.77, WILL ISSUE IN DUE COURSE.

HOWEVER, IT IS TO BE NOTED THAT UNDER ARTICLE 7 (B), ABOVE QUOTED, ANY EXPENSE FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS IN EXCESS OF THE 5,000 POUNDS PERMITTED BY LAW MUST BE BORNE BY THE EMPLOYEE. THE RECORD SHOWS THAT THE WEIGHT OF THE SHIPMENT WAS 6,060 POUNDS OR 1,060 POUNDS IN EXCESS OF THE MAXIMUM AMOUNT THE EMPLOYEE WAS ENTITLED TO SHIP AT THE EXPENSE OF THE GOVERNMENT. IT IS CONTENDED BY THE EMPLOYEE THAT NO CHARGE WAS MADE BY THE CONTRACTOR FOR THE EXCESS WEIGHT, AS THE BID WHICH RESULTED IN THE CONTRACT "WAS NOT A CERTAIN RATE OR AMOUNT PER POUND OR PER 100 POUNDS, BUT A CERTAIN LUMP SUM OR AMOUNT FOR THE JOB.' IN SUPPORT OF THIS CONTENTION THE CONTRACTOR HAS STATED ON THE VOUCHER---

IT IS CERTIFIED THAT NO CHARGE IS MADE OR EXPENSE INVOLVED ON ACCOUNT OF ANY EXCESS WEIGHT OF THE ABOVE SHIPMENT OVER FIVE THOUSAND POUNDS.

IT IS NOTED, HOWEVER, THAT THE CONTRACTOR OR AGENT CHECKED THE FURNITURE TO BE MOVED, AND IT IS A WELL-KNOWN FACT THAT WHEN HOUSEHOLD GOODS ARE TO BE TRANSPORTED BY TRUCK THE CUBIC SPACE NECESSARY IS QUITE AS IMPORTANT AS THE WEIGHT. IT APPEARS EVIDENT, THEREFORE, THAT THE CONTRACTOR PLACED LITTLE OR NO RELIANCE ON THE WEIGHT OF THE SHIPMENT BY SUBMITTING A BID TO MOVE THE ENTIRE HOUSEHOLD EFFECTS AND PERSONAL PROPERTY OF THE EMPLOYEE. A-58982, JANUARY 4, 1935.

FROM THE RECORD IT APPEARS THAT 6,060 POUNDS OF HOUSEHOLD EFFECTS AND PERSONAL PROPERTY OF THE EMPLOYEE WERE MOVED UNDER A CONTRACT OBLIGATING THE GOVERNMENT TO PAY $78.75, WHEREAS THE EMPLOYEE WAS ENTITLED TO TRANSPORT AT GOVERNMENT EXPENSE ONLY 5,000 POUNDS. IN OTHER WORDS, 5,000 POUNDS WERE FOR SHIPMENT AT GOVERNMENT EXPENSE AND 1,060 POUNDS AT THE EXPENSE OF THE EMPLOYEE. ACCORDINGLY, THE GOVERNMENT HAVING ASSUMED UNDER THE CONTRACT THE OBLIGATION OF PAYING THE ENTIRE AMOUNT, AND THE EMPLOYEE'S SHARE OF THE EXPENSE BEING 1060/6060 OF 78.75, OR $13.77, SAID AMOUNT SHOULD BE COLLECTED FROM THE EMPLOYEE WITHOUT DELAY. THIS OFFICE SHOULD BE ADVISED WHEN THE COLLECTION IS EFFECTED.