A-99947, JANUARY 26, 1939, 18 COMP. GEN. 625

A-99947: Jan 26, 1939

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IS THE RATE WHICH WOULD HAVE BEEN APPLICABLE HAD THE SHIPMENT BEEN MADE AS FREIGHT BY RAIL ON GOVERNMENT TRANSPORTATION REQUEST AND NOT THE HIGHER RATE APPLICABLE TO SHIPMENTS BY THE GENERAL PUBLIC. THAT CHARGES IN EXCESS OF A SPECIFIED AMOUNT PER 100 POUNDS WILL NOT BE ALLOWED UNLESS THE VOUCHER IS ACCOMPANIED BY A COMPLETE STATEMENT OF THE CIRCUMSTANCES ESTABLISHING THE NECESSITY FOR SUCH EXCESS. WHERE THE SHIPMENTS ARE MADE UNPACKED AND UNCRATED BY MOTORVAN INSTEAD OF AS FREIGHT BY RAIL NOTWITHSTANDING THE ESTIMATES FOR SUCH SERVICES. ARE IN EXCESS OF THAT AMOUNT. 1939: THERE IS FOR CONSIDERATION YOUR CLAIM FOR REFUND OF $62.50 OF THE AMOUNT $143.39 COLLECTED FROM YOU COVERING EXCESS COST OF TRANSPORTING YOUR HOUSEHOLD GOODS FROM CLEVELAND.

A-99947, JANUARY 26, 1939, 18 COMP. GEN. 625

TRANSPORTATION - HOUSEHOLD EFFECTS - SHIPMENTS BY MOTORVAN - CONSTRUCTIVE COST FREIGHT RATE AND PACKING COST COMPUTATIONS THE FREIGHT RATE FOR USE IN DETERMINING THE AMOUNT TO BE ALLOWED AS THE COST OF SHIPPING THE AUTHORIZED CHANGE OF STATION HOUSEHOLD EFFECTS WEIGHT ALLOWANCE IN CONNECTION WITH THE COMPUTATION OF THE EXCESS COST OF TRANSPORTING, BY MOTORVAN, THE HOUSEHOLD EFFECTS OF A VETERANS' ADMINISTRATION OFFICER IN EXCESS OF THE WEIGHT AUTHORIZED, IS THE RATE WHICH WOULD HAVE BEEN APPLICABLE HAD THE SHIPMENT BEEN MADE AS FREIGHT BY RAIL ON GOVERNMENT TRANSPORTATION REQUEST AND NOT THE HIGHER RATE APPLICABLE TO SHIPMENTS BY THE GENERAL PUBLIC. WHERE THE APPLICABLE VETERANS' ADMINISTRATION REGULATIONS AUTHORIZE REIMBURSEMENT FOR THE ACTUAL AND NECESSARY EXPENSES OF CRATING, PACKING, AND DRAYAGE OF HOUSEHOLD EFFECTS UPON CHANGE OF STATION WHEN PROPERLY SUPPORTED BY RECEIPTS, PROVIDED, HOWEVER, THAT CHARGES IN EXCESS OF A SPECIFIED AMOUNT PER 100 POUNDS WILL NOT BE ALLOWED UNLESS THE VOUCHER IS ACCOMPANIED BY A COMPLETE STATEMENT OF THE CIRCUMSTANCES ESTABLISHING THE NECESSITY FOR SUCH EXCESS, NO AMOUNT IN EXCESS OF THE SPECIFIED AMOUNT MAY BE ALLOWED IN COMPUTING THE CONSTRUCTIVE COST OF SUCH CRATING, PACKING, ETC., WHERE THE SHIPMENTS ARE MADE UNPACKED AND UNCRATED BY MOTORVAN INSTEAD OF AS FREIGHT BY RAIL NOTWITHSTANDING THE ESTIMATES FOR SUCH SERVICES, OBTAINED BY THE CLAIMANT FROM OUTSIDE SOURCES, ARE IN EXCESS OF THAT AMOUNT.

ACTING COMPTROLLER GENERAL ELLIOTT TO GEORGE L. ZOLL, SUPPLY OFFICER, VETERANS' ADMINISTRATION, JANUARY 26, 1939:

THERE IS FOR CONSIDERATION YOUR CLAIM FOR REFUND OF $62.50 OF THE AMOUNT $143.39 COLLECTED FROM YOU COVERING EXCESS COST OF TRANSPORTING YOUR HOUSEHOLD GOODS FROM CLEVELAND, OHIO, TO SALT LAKE CITY, ON GOVERNMENT BILL OF LADING NO. V.A.-115302, DATED JANUARY 13, 1937, ISSUED TO THE UNITED VAN LINES, INC.

IT APPEARS THERE WAS SHIPPED FOR YOU BY MOTOR TRUCK ONE LOAD OF UNPACKED HOUSEHOLD FURNITURE WEIGHING NET 5,360 POUNDS. THE COST TO THE GOVERNMENT IN EXCESS OF THE CHANGE OF STATION ALLOWANCE AUTHORIZED BY LAW WAS COMPUTED AS FOLLOWS:

TABLE

COST OF SHIPPING 5,360 POUNDS OF HOUSEHOLD GOODS FROM CLEVELAND,

OHIO, TO SALT LAKE CITY, UTAH, VIA UNITED VAN LINES, INC., ON

GOVERNMENT BILL OF LADING ------------------------------------- $398.39

ALLOWED:

FREIGHT ON 5,000 POUNDS OF HOUSEHOLD GOODS AT $3.35

PER CWT -------------------------------------------- $167.50

COMMUTED ALLOWANCE FOR PACKING, CRATING, AND

DRAYAGE OF 5,000 POUNDS OF HOUSEHOLD GOODS AT

$1.75 PER CWT -------------------------------------- 87.50

TOTAL --------------------------------------------------------- 255.00

EXCESS COST TO GOVERNMENT ------------------------------------- 143.39

YOU CLAIM THE COMPUTATION SHOULD BE MADE AS FOLLOWS:

TABLE

ALLOWANCE

(1)

5,000 POUNDS PACKING, CRATING, AND DRAYAGE ------------------- $150.00

5,000 POUNDS RAIL FREIGHT AT $3.35 PER CWT -------------------167.50

GROSS ALLOWANCE ---------------------------------------------- 317.50

PAID VAN COMPANY --------------------------------------------- 398.39

EXCESS DUE THE GOVERNMENT ------------------------------------ $ 80.89

(1) LOWEST BID RECEIVED.

YOU FURTHER QUESTION THE FREIGHT RATE OF $3.35 USED IN THE ALLOWANCE STATEMENTS AND URGE THAT THE RATE TO BE USED FOR DETERMINING THE COST STATEMENTS AND URGE THAT THE RATE TO BE USED FOR DETERMINING THE COST OF MOVING FREIGHT SHOULD BE THE RATE APPLIED TO THE GENERAL PUBLIC, WHICH SHOULD BE $4.45 1/2 PER CWT.

THE FREIGHT RATE ON HOUSEHOLD GOODS FROM CLEVELAND TO SALT LAKE HAS BEEN VERIFIED, AND HAD 5,000 POUNDS OF SUCH EFFECTS BEEN SHIPPED FOR YOU BY RAIL ON GOVERNMENT TRANSPORTATION REQUEST THE GOVERNMENT WOULD HAVE PAID THE CARRIER $167.50 FOR SUCH SERVICE, BEING AT THE RATE OF $3.35 PER HUNDRED POUNDS.

THE ACT OF MARCH 19, 1936, 49 STAT. 1181, PROVIDES "FOR EXPENSES INCURRED IN PACKING, CRATING, DRAYAGE, AND TRANSPORTATION OF HOUSEHOLD EFFECTS AND OTHER PROPERTY, NOT EXCEEDING IN ANY ONE CASE 5,000 POUNDS, OF EMPLOYEES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY AND WHEN SPECIFICALLY AUTHORIZED BY THE ADMINISTRATOR.'

PARAGRAPH 9391, REGULATIONS AND PROCEDURE, FOR EMPLOYEES OF THE VETERANS' ADMINISTRATION AUTHORIZES THE TRANSPORTATION OF NOT EXCEEDING 5,000 POUNDS OF HOUSEHOLD GOODS FOR MARRIED PERSONS ON PERMANENT CHANGE OF STATION, PARAGRAPH 9393 OF SUCH REGULATIONS PROVIDES FOR SHIPMENT OF SUCH EFFECTS BY MOTOR TRUCK, NOT TO EXCEED THE COST OF SHIPMENT BY FREIGHT, TAKING INTO CONSIDERATION CHARGES FOR PACKING, CRATING, AND DRAYAGE; AND PARAGRAPH 9394 LIMITS CHARGES FOR PACKING, CRATING, AND DRAYAGE CHARGES AS FOLLOWS:

* * * REIMBURSEMENT FOR THE ACTUAL AND NECESSARY EXPENSES OF CRATING, PACKING, AND DRAYAGE WILL BE ALLOWED WHEN PROPERLY SUPPORTED BY RECEIPTS, A CERTIFIED TRUE COPY OF THE TRAVEL ORDER AND A COPY OF THE GOVERNMENT BILL OF LADING WHEN SHIPMENT IS MADE BY FREIGHT, PROVIDED, HOWEVER, THAT CHARGES IN EXCESS OF $1.75 PER 100 POUNDS FOR SUCH PACKING, CRATING, AND DRAYAGE WILL NOT BE ALLOWED UNLESS THE VOUCHER IS ACCOMPANIED BY A COMPLETE STATEMENT OF THE CIRCUMSTANCES ESTABLISHING THE NECESSITY FOR SUCH EXCESS.

YOU HAVE SUBMITTED SOME ESTIMATES FOR PACKING, CRATING, AND DRAYAGE OF YOUR ENTIRE LOT OF HOUSEHOLD GOODS BY FREIGHT AND STATE THE LOWEST LUMP SUM BID WAS $150, AND YOU CLAIM AN ALLOWANCE FOR SUCH AMOUNT. AS YOUR SHIPMENT WAS IN EXCESS OF YOUR ALLOWANCE AND WAS MADE BY MOTOR TRUCK, UNPACKED, CLEARLY YOU ARE NOT ENTITLED TO REIMBURSEMENT OF ACTUAL AND NECESSARY EXPENSES OF PACKING, CRATING, AND DRAYAGE OF YOUR EFFECTS, AND ONLY SUCH REIMBURSEMENT IN EXCESS OF $1.75 PER 100 POUNDS IS AUTHORIZED WHEN SUPPORTED BY RECEIPTS, AND ACCOMPANIED BY EVIDENCE SUFFICIENTLY ESTABLISHING THE NECESSITY FOR ACTUALLY INCURRING AN EXCESS EXPENSE. THE REGULATIONS FIX THE MAXIMUM ALLOWANCE OF $1.75 PER 100 POUNDS, EXCEPT IN CASES OF ACTUAL REIMBURSEMENT UNDER UNUSUAL CIRCUMSTANCES, AND, CLEARLY THE REGULATIONS ARE NO AUTHORITY FOR COMMUTING SUCH ALLOWANCE AT ANY GREATER RATE IN COMPUTING THE ALLOWANCE FOR SHIPMENT BY MOTOR TRUCK. THE DECISION OF THE DIRECTOR OF FINANCE, VETERANS' ADMINISTRATION, A COPY OF WHICH IS ATTACHED TO VOUCHER NO. 1888078, THAT ,SINCE GOODS WERE MOVED BY VAN IN THIS INSTANCE AND NO EXPENSE WAS ACTUALLY INCURRED FOR PACKING, CRATING, AND DRAYAGE, ALLOWANCE MAY NOT BE CONSIDERED IN EXCESS OF $1.75 PER 100 POUNDS" IS CONCURRED IN BY THIS OFFICE. ACCORDINGLY, YOUR CLAIM FOR REFUNDMENT IS DISALLOWED.