B-159836, AUG. 12, 1966

B-159836: Aug 12, 1966

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WESTERN REGION: THIS IS IN REPLY TO YOUR LETTER OF AUGUST 1. SHAW'S HOUSEHOLD EFFECTS WAS AUTHORIZED PURSUANT TO A CHANGE OF PERMANENT DUTY STATION FROM BIG BEND NATIONAL PARK. SHAW'S HOUSEHOLD EFFECTS ARRIVED AT THE LATTER POINT IT WAS FOUND THAT THE VAN COULD NOT NEGOTIATE THE NARROW ROAD. SINCE THE EXTRA LABOR WAS OCCASIONED BY LOCAL ROAD CONDITIONS PECULIAR TO THE AREA ALL EXTRA LABOR COSTS WOULD BE PROPER FOR PAYMENT BY THE GOVERNMENT. WHICH WAS IN EFFECT AT TIME OF MOVEMENT OF MR. SHAW WAS PROPERLY REIMBURSED BY THE GOVERNMENT ON A COMMUTED BASIS AND NO AUTHORITY EXISTS FOR REIMBURSING HIM FOR THE ADDITIONAL EXPENSES INCURRED. THE RECLAIM VOUCHER WHICH WITH ATTACHMENTS IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.

B-159836, AUG. 12, 1966

TO AUTHORIZED CERTIFYING OFFICER, U.S. DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, WESTERN REGION:

THIS IS IN REPLY TO YOUR LETTER OF AUGUST 1, 1966, SUBMITTING A RECLAIM VOUCHER FOR $75 IN FAVOR OF MR. BRUCE W. SHAW, AN EMPLOYEE OF THE NATIONAL PARK SERVICE FOR ADDITIONAL EXPENSES IN CONNECTION WITH THE SHIPMENT OF HIS HOUSEHOLD EFFECTS.

THE SHIPMENT OF MR. SHAW'S HOUSEHOLD EFFECTS WAS AUTHORIZED PURSUANT TO A CHANGE OF PERMANENT DUTY STATION FROM BIG BEND NATIONAL PARK, TEXAS, TO MUIR WOODS NATIONAL MONUMENT, MILL VALLEY, CALIFORNIA. WHEN THE VAN CONTAINING MR. SHAW'S HOUSEHOLD EFFECTS ARRIVED AT THE LATTER POINT IT WAS FOUND THAT THE VAN COULD NOT NEGOTIATE THE NARROW ROAD. IT THEN BECAME NECESSARY TO TRANSFER MR. SHOW'S HOUSEHOLD GOODS TO A SMALLER TRUCK IN ORDER TO EFFECT DELIVERY. THE TRANSFER TOOK THREE HOURS AND THE CARRIER ASSESSED MR. SHOW $75 FOR THE EXTRA LABOR INVOLVED.

MR. SHAW CONTENDS THAT THE AUTHORIZED COMMUTED RATE FOR THE DISTANCE AND WEIGHT INVOLVED DID NOT INCLUDE ACCESSORIAL SERVICES OF THE NATURE PROVIDED BY THE CARRIER AND AS SUCH MUST BE CONSIDERED SEPARATELY, AND SINCE THE EXTRA LABOR WAS OCCASIONED BY LOCAL ROAD CONDITIONS PECULIAR TO THE AREA ALL EXTRA LABOR COSTS WOULD BE PROPER FOR PAYMENT BY THE GOVERNMENT.

WITH RESPECT TO THE PAYMENT OF TRANSPORTATION EXPENSES THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-1 (B), WHICH WAS IN EFFECT AT TIME OF MOVEMENT OF MR. SHAW'S EFFECTS, PROVIDES IN PERTINENT PART AS FOLLOWS:

"IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, IN THE CASE OF SUCH TRANSFERS BETWEEN POINTS IN CONTINENTAL UNITED STATES, REIMBURSEMENT SHALL BE MADE TO THE OFFICER OR EMPLOYEE ON A COMMUTED BASIS (NOT TO EXCEED THE AMOUNT WHICH WOULD BE ALLOWABLE FOR THE AUTHORIZED WEIGHT ALLOWANCE) AT SUCH RATES PER ONE HUNDRED POUNDS AS MAY BE FIXED BY ZONES IN REGULATIONS PRESCRIBED BY THE PRESIDENT. * * *"

SECTION 2 OF BUREAU OF THE BUDGET CIRCULAR A-56, ISSUED UNDER AUTHORITY DELEGATED BY THE PRESIDENT, PROVIDES THAT THE PAYMENT OF EXPENSES IN CONNECTION WITH THE TRANSPORTATION OF HOUSEHOLD EFFECTS SHALL BE ON A COMMUTED BASIS UNDER RATES PRESCRIBED BY THE GENERAL SERVICE ADMINISTRATION. NEITHER THE LAW NOR THE REGULATIONS AUTHORIZE CONSIDERATION OF ANY ADDITIONAL ACTUAL EXPENSES INCURRED IN EXCESS OF REIMBURSEMENT ON SUCH COMMUTED BASIS AND ANY ADJUSTMENT OF THESE EXTRA CHARGES NECESSARILY WOULD BE A MATTER BETWEEN MR. SHAW AND THE CARRIER.

THEREFORE, MR. SHAW WAS PROPERLY REIMBURSED BY THE GOVERNMENT ON A COMMUTED BASIS AND NO AUTHORITY EXISTS FOR REIMBURSING HIM FOR THE ADDITIONAL EXPENSES INCURRED. B-145469, APRIL 14, 1961, COPY ENCLOSED.

THE RECLAIM VOUCHER WHICH WITH ATTACHMENTS IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.