B-112104, OCTOBER 21, 1952, 32 COMP. GEN. 195

B-112104: Oct 21, 1952

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TRANSPORTATION - HOUSEHOLD EFFECTS - EMPLOYEES CONTRACTING WITH CARRIER GOVERNMENT LIABILITY A TRANSFER AND STORAGE COMPANY THAT CONTRACTS WITH A GOVERNMENT EMPLOYEE FOR THE PACKING AND SHIPMENT OF HOUSEHOLD EFFECTS IN CONNECTION WITH A CHANGE IN THE EMPLOYEE'S HEADQUARTERS DOES NOT HAVE A DIRECT CLAIM AGAINST THE GOVERNMENT FOR THE AMOUNT DUE UNDER THE CONTRACT. 1952: REFERENCE IS MADE TO YOU LETTER OF SEPTEMBER 29. IT IS STATED THAT MR. SCHOLL WAS EMPLOYED BY THE OFFICE OF FOREIGN AGRICULTURAL RELATIONS ON FEBRUARY 7. SCHOLL'S ASSIGNMENT TO THE CONTEMPLATED POST WAS CANCELED AND HE WAS ASSIGNED TO THE INTERNATIONAL COMMODITIES BRANCH OF THE OFFICE OF FOREIGN AGRICULTURAL RELATIONS WITH HEADQUARTERS IN WASHINGTON.

B-112104, OCTOBER 21, 1952, 32 COMP. GEN. 195

TRANSPORTATION - HOUSEHOLD EFFECTS - EMPLOYEES CONTRACTING WITH CARRIER GOVERNMENT LIABILITY A TRANSFER AND STORAGE COMPANY THAT CONTRACTS WITH A GOVERNMENT EMPLOYEE FOR THE PACKING AND SHIPMENT OF HOUSEHOLD EFFECTS IN CONNECTION WITH A CHANGE IN THE EMPLOYEE'S HEADQUARTERS DOES NOT HAVE A DIRECT CLAIM AGAINST THE GOVERNMENT FOR THE AMOUNT DUE UNDER THE CONTRACT--- THERE BEING NO PRIVITY OF CONTRACT BETWEEN THE GOVERNMENT AND THE COMPANY--- AND THE EMPLOYEE MAY NOT BE REIMBURSED FOR ANY OF THE CHARGES FOR THE SHIPMENT PRIOR TO THE TIME HE HAS PAID SUCH CHARGES.

COMPTROLLER GENERAL WARREN TO A. M. FLAT-EQUAL, DEPARTMENT OF AGRICULTURE, OCTOBER 21, 1952:

REFERENCE IS MADE TO YOU LETTER OF SEPTEMBER 29, 1952, REQUESTING ADVICE AS TO WHETHER YOU PROPERLY MAY CERTIFY FOR PAYMENT AN INVOICE FROM SMITH'S TRANSFER AND STORAGE COMPANY FOR SERVICES IN CONNECTION WITH THE DRAYAGE OF THE HOUSEHOLD EFFECTS OF MR. JOHN C. SCHOLL, AN EMPLOYEE OF THE OFFICE OF FOREIGN AGRICULTURAL RELATIONS, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH.

IT IS STATED THAT MR. SCHOLL WAS EMPLOYED BY THE OFFICE OF FOREIGN AGRICULTURAL RELATIONS ON FEBRUARY 7, 1952, WITH THE UNDERSTANDING THAT HE WOULD BE STATIONED AT ONE OF THE LATIN AMERICAN POSTS AS AN AGRICULTURAL STATISTICIAN. IT HAVING BEEN CONTEMPLATED THAT MR. SCHOLL WOULD DEPART THE UNITED STATES AROUND APRIL 1, 1952, HE SOLD HIS HOUSE AND PLACED HIS HOUSEHOLD EFFECTS IN THE HANDS OF THE SMITH'S TRANSFER AND STORAGE COMPANY FOR PACKING AND SHIPMENT. HOWEVER, BECAUSE OF DIFFICULTY IN SECURING CLEARANCE FROM THE FOREIGN COUNTRY, MR. SCHOLL'S ASSIGNMENT TO THE CONTEMPLATED POST WAS CANCELED AND HE WAS ASSIGNED TO THE INTERNATIONAL COMMODITIES BRANCH OF THE OFFICE OF FOREIGN AGRICULTURAL RELATIONS WITH HEADQUARTERS IN WASHINGTON, D.C.

IT APPEARS FROM THE INFORMATION PRESENTED THAT THE EMPLOYEE CONTRACTED WITH THE TRANSFER AND STORAGE COMPANY FOR THE PACKING AND SHIPMENT OF THE EFFECTS IN QUESTION AND THAT THE TRANSFER AND STORAGE COMPANY HAS NO DIRECT CLAIM AGAINST THE UNITED STATES FOR THE AMOUNT DUE, THERE BEING NO PRIVITY OF CONTRACT BETWEEN THE UNITED STATES AND THAT COMPANY. SHOULD THE EMPLOYEE PAY THE BILL AND SUBMIT CLAIM FOR THE AMOUNT IN QUESTION, YOU ARE PRIVILEGED TO REQUEST FURTHER ADVICE CONCERNING THE PROPRIETY OF THE EXPENDITURE AT THAT TIME. SEE 28 COMP. GEN. 244.

ACCORDINGLY, THE INVOICE, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.