B-150591, JAN. 24, 1963

B-150591: Jan 24, 1963

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SMITH WAS INFORMALLY AUTHORIZED TO PREPARE A REPORT OF A RECONNAISSANCE STUDY OF A WATER RESOURCES PROJECT IN WEST VIRGINIA WHILE ON HOME LEAVE FROM HIS OVERSEAS POST WITH THE A.I.D. SMITH IS ENTITLED TO REIMBURSEMENT FOR TRAVELING EXPENSES AND THE PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE INCLUDING THE PERIOD HE WAS AT WASHINGTON. WE NOTE THAT NO ATTEMPT WAS MADE TO APPOINT MR. SMITH UNDOUBTEDLY COULD HAVE BEEN OBTAINED ON LOAN FROM THE A.I.D. IT IS CLEAR THAT MR. VIEW THEREOF AND SINCE THE SERVICES WERE PERFORMED AT LOCATIONS AWAY FROM MR. WE WILL NOT OBJECT TO PAYMENT OF THE TRAVELING EXPENSES AND PER DIEM AS AUTHORIZED IN HIS TRAVEL ORDER INCLUDING THE TIME IN WASHINGTON. ASSUMING IT WAS INTENDED THAT THE PER DIEM ALLOWANCE BE COMPUTED IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

B-150591, JAN. 24, 1963

TO MR. FLOYD E. DOTSON, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF THE INTERIOR:

YOUR LETTER OF JANUARY 7, 1963, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE TRANSMITTED VOUCHERS IN FAVOR OF MR. LEWIS G. SMITH, AN EMPLOYEE OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT, FOR $579.11, COVERING REIMBURSEMENT FOR MILEAGE AND PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE WHILE PERFORMING SERVICES FOR THE DEPARTMENT OF THE INTERIOR.

YOU SAY THAT UPON THE REQUEST OF THE DIRECTOR, RESOURCES PROGRAM STAFF OF THE DEPARTMENT, MR. SMITH WAS INFORMALLY AUTHORIZED TO PREPARE A REPORT OF A RECONNAISSANCE STUDY OF A WATER RESOURCES PROJECT IN WEST VIRGINIA WHILE ON HOME LEAVE FROM HIS OVERSEAS POST WITH THE A.I.D. ALTHOUGH HE AGREED TO PERFORM THIS SERVICE WITHOUT COMPENSATION THE DEPARTMENT AUTHORIZED BY TRAVEL ORDER NO. 216-SEC 1963, DATED NOVEMBER 21, 1962, THE REIMBURSEMENT OF MILEAGE AND PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE DURING THE PERIOD REQUIRED FOR COMPLETING THE STUDY AND THE PREPARATION OF THE REPORT.

YOU NOW REQUEST TO BE ADVISED IF MR. SMITH IS ENTITLED TO REIMBURSEMENT FOR TRAVELING EXPENSES AND THE PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE INCLUDING THE PERIOD HE WAS AT WASHINGTON, .C., FOR THE PURPOSE OF PREPARING THE REPORT.

WE NOTE THAT NO ATTEMPT WAS MADE TO APPOINT MR. SMITH TO ANY POSITION IN THE DEPARTMENT OF THE INTERIOR; ALSO, WE NOTE THAT THE SERVICES OF MR. SMITH UNDOUBTEDLY COULD HAVE BEEN OBTAINED ON LOAN FROM THE A.I.D. UNDER SECTION 601 OF THE ECONOMY ACT OF JUNE 30, 1932, AS AMENDED, 31 U.S.C. 686. IN ANY EVENT, IT IS CLEAR THAT MR. SMITH AGREED TO MAKE A SURVEY AND FURNISH A REPORT THEREON, AN END PRODUCT. THEREFORE, HE MAY BE REGARDED AS HAVING PERFORMED SUCH SERVICES UNDER AN INDEPENDENT CONTRACT ARRANGEMENT WHICH INCLUDED PAYMENT OF TRAVELING EXPENSES IN THE MANNER SPECIFIED. SEE SECTION 104 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATION ACT, 1963, AND THE PROVISIONS OF 5 U.S.C. 55A. VIEW THEREOF AND SINCE THE SERVICES WERE PERFORMED AT LOCATIONS AWAY FROM MR. SMITH'S HOME AT DENVER, COLORADO, WE WILL NOT OBJECT TO PAYMENT OF THE TRAVELING EXPENSES AND PER DIEM AS AUTHORIZED IN HIS TRAVEL ORDER INCLUDING THE TIME IN WASHINGTON, D.C.

ASSUMING IT WAS INTENDED THAT THE PER DIEM ALLOWANCE BE COMPUTED IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WE HAVE SOME DOUBT AS TO WHETHER MR. SMITH IS ENTITLED TO A FULL PER DIEM ALLOWANCE ON NOVEMBER 21, 1962, SINCE HE DID NOT ENTER A TRAVEL STATUS UNTIL :30 A.M. MOREOVER, ON DECEMBER 20, 1962, IT MAY BE THAT HIS SERVICES AND TRAVEL STATUS CEASED PRIOR TO 6 P.M. ON THAT DATE THUS PRECLUDING PAYMENT OF THE PER DIEM ALLOWANCE FOR THE FULL DAY.

THE VOUCHERS, TOGETHER WITH RELATED PAPERS, ARE RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT AFTER COMPUTATION OF THE PER DIEM ALLOWANCE IN ACCORDANCE WITH THE FOREGOING.