B-123462, MAR. 19, 1956

B-123462: Mar 19, 1956

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JENNINGS: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 7. YOU WERE A RESIDENT OF GRAND JUNCTION. THE TRANSFER ORDERS RETURNING YOU TO THE UNITED STATES AND ASSIGNING YOU TO PERMANENT DUTY AT AMARILLO HAVE NOT BEEN FURNISHED THIS OFFICE. IT IS REPORTED THAT 1. CONSISTING OF EIGHT LIFT VANS AND ONE CRATE WERE SHIPPED BY VESSEL FROM JUNEAU TO SEATTLE. WHERE THE TRANSPORTATION CHARGES FOR SHIPMENTS REQUIRED TO BE PACKED AND CRATED ARE COMPUTED ON A BASIS OF MEASUREMENT RATHER THAN WEIGHT. IT IS REPORTED THAT SINCE YOU DEPARTED FOR AMARILLO PRIOR TO THE TIME YOUR EFFECTS WERE PREPARED FOR SHIPMENT. YOU WERE UNABLE TO PERSONALLY SUPERVISE THE PACKING AND CRATING SERVICES PERFORMED UNDER THE CONTRACT BY THE ALASKA TRANSFER COMPANY.

B-123462, MAR. 19, 1956

TO MR. ROBERT W. JENNINGS:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 7, 1956, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $201.58, REPRESENTING EXCESS COSTS SUSTAINED BY THE GOVERNMENT FOR THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM JUNEAU, ALASKA, TO AMARILLO, TEXAS, WHILE AN EMPLOYEE OF THE BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR.

THE FACTS DISCLOSE THAT PRIOR TO YOUR ALASKAN ASSIGNMENT IN 1953, YOU WERE A RESIDENT OF GRAND JUNCTION, COLORADO. THE TRANSFER ORDERS RETURNING YOU TO THE UNITED STATES AND ASSIGNING YOU TO PERMANENT DUTY AT AMARILLO HAVE NOT BEEN FURNISHED THIS OFFICE, HOWEVER, IT IS REPORTED THAT 1,158.1 CUBIC FEET OF HOUSEHOLD EFFECTS, CONSISTING OF EIGHT LIFT VANS AND ONE CRATE WERE SHIPPED BY VESSEL FROM JUNEAU TO SEATTLE, WASHINGTON, ON GOVERNMENT BILL OF LADING NO. 158889, DATED NOVEMBER 22, 1954, AND FROM SEATTLE TO AMARILLO VIA RAIL ON GOVERNMENT BILL OF LADING NO. GS-341204, DATED DECEMBER 14, 1954.

SECTION 17 OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196, SPECIFICALLY PROVIDES THAT EMPLOYEES WITH FAMILIES SHALL BE ENTITLED TO A WEIGHT ALLOWANCE OF NOT TO EXCEED 8,750 POUNDS WHEN PACKED AND CRATED FOR SHIPMENT TO OR FROM POINTS OUTSIDE THE UNITED STATES. ALSO, WHERE THE TRANSPORTATION CHARGES FOR SHIPMENTS REQUIRED TO BE PACKED AND CRATED ARE COMPUTED ON A BASIS OF MEASUREMENT RATHER THAN WEIGHT, SUCH CHARGES MAY NOT EXCEED 25 MEASUREMENT TONS OF 40 CUBIC FEET EACH INCLUSIVE OF PACKING, CRATING, AND LIFT VANS. CONSEQUENTLY, YOUR EFFECTS AS TRANSPORTED EXCEEDED THE WEIGHT LIMITATION AND, ALSO, THE MAXIMUM AUTHORIZED MEASUREMENT ALLOWANCE BY 158.1 CUBIC FEET, RESULTING IN AN EXCESS COST TO THE UNITED STATES OF $201.58, COMPUTED AS FOLLOWS:

TABLE

1,158.1 CUBIC FEET OF EFFECTS TRANSPORTED.

1,000 CUBIC FEET--- MAXIMUM (MEASUREMENT) ALLOWANCE AUTHORIZED.

----- CUBIC FEET--- EXCESS CHARGEABLE TO OWNER AT THE RATE OF

158.1 ?70 PER CUBIC FOOT FROM JUNEAU TO SEATTLE ($110/67), AND

AT THE RATE OF ?575 PER CUBIC FOOT FROM SEATTLE TO AMARILLO

($90.91).

IT IS REPORTED THAT SINCE YOU DEPARTED FOR AMARILLO PRIOR TO THE TIME YOUR EFFECTS WERE PREPARED FOR SHIPMENT, YOU WERE UNABLE TO PERSONALLY SUPERVISE THE PACKING AND CRATING SERVICES PERFORMED UNDER THE CONTRACT BY THE ALASKA TRANSFER COMPANY. THE BASIS FOR YOUR PROTEST APPEARS TO BE THAT YOUR INDEBTEDNESS TO THE UNITED STATES WAS DUE TO EXCESS WEIGHT OF THE PACKING MATERIALS USED AND, ALSO, TO THE USE OF SOMEWHAT LARGER LIFT VANS THAN NECESSARY FOR THE TRANSPORTATION OF YOUR EFFECTS.

ALTHOUGH THE ACTUAL WEIGHT OF THE PACKING AND CRATING MATERIALS AS WELL AS THE SIZE OF THE LIFT VANS UTILIZED MAY HAVE EXCEEDED THE MINIMUM WEIGHT AND MEASUREMENT REQUIREMENT NECESSARY TO INSURE SAFE SHIPMENT, NEVERTHELESS OUR OFFICE IS NOT IN A POSITION TO DETERMINE THAT WITH RESPECT TO A PARTICULAR SHIPMENT THE EXCESS IN WEIGHT OR IN MEASUREMENT WAS DUE TO THE WEIGHT OF THE MATERIALS USED FOR PACKING OR TO OVERSIZED CONTAINERS USED IN CRATING YOUR EFFECTS FOR SHIPMENT. THERE IS NO PROVISION IN THE APPLICABLE LAW (60 STAT. 806) OR IN THE EXECUTIVE ORDERS PROMULGATED PURSUANT THERETO WHEREBY AN EMPLOYEE MAY BE RELIEVED OF EXCESS COSTS RESULTING FROM SHIPMENTS WHICH EXCEED EITHER THE AUTHORIZED WEIGHT ALLOWANCE THE THE MAXIMUM CUBIC FOOT MEASUREMENT PRESCRIBED. SEE, IN THIS CONNECTION, SECTION 22 OF EXECUTIVE ORDER NO. 9815, SUPRA.

IN VIEW OF THE ABOVE, AND IN ORDER TO LIQUIDATE YOUR INDEBTEDNESS, IT IS AGAIN REQUESTED THAT YOU REMIT THE SUM OF $201.58, BY CHECK, BANK DRAFT, OR POSTAL MONEY ORDERS MADE PAYABLE TO THE U.S. GENERAL ACCOUNTING OFFICE, TO THE FOLLOWING ADDRESS:

U.S. GENERAL ACCOUNTING OFFICE

POST OFFICE BOX 2610 ..END :