B-171882, APR 2, 1971

B-171882: Apr 2, 1971

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ALTHOUGH A 1-YEAR EXTENSION WAS GRANTED TO CLAIMANT UNDER SECTION 4.1E. THE PURCHASE CONTRACT FOR THE RESIDENCE UPON WHICH SETTLEMENT WAS MADE WAS NOT ENTERED INTO DURING THE INITIAL 1-YEAR PERIOD AND THE EXTENSION GRANTED WOULD NOT BE APPLICABLE. THE VOUCHER IS FOR EXPENSES INCURRED IN THE PURCHASE OF A RESIDENCE PURSUANT TO THE CHANGE OF MR. THIS CONTRACT WAS TERMINATED BY THE SELLER ON FEBRUARY 15. WAS UNABLE TO OBTAIN A LOAN BY REASON OF THE TIGHT MONEY SITUATION. THIS SECOND CONTRACT WAS EXECUTED SOME 17 MONTHS AFTER HIS REPORTING FOR DUTY AT HIS NEW STATION. OUR OFFICE HAS HELD THAT SECTION 4.1E AUTHORIZES EXTENSION OF THE 1 YEAR LIMITATION FOR SETTLEMENT ONLY FOR AN EXISTING PURCHASE CONTRACT WHICH WAS ENTERED INTO DURING THE INITIAL 1 YEAR FOLLOWING TRANSFER.

B-171882, APR 2, 1971

REIMBURSEMENT OF EXPENSES - PURCHASE OF RESIDENCE DECISION DISALLOWING CLAIM BY E. LOUIS PARKINGTON FOR $1,596.99 FOR EXPENSES INCURRED IN THE PURCHASE OF A RESIDENCE PURSUANT TO A CHANGE OF OFFICIAL STATION. ALTHOUGH A 1-YEAR EXTENSION WAS GRANTED TO CLAIMANT UNDER SECTION 4.1E, OFFICE OF MANAGEMENT AND BUDGET CIR. NO. A-56, THE PURCHASE CONTRACT FOR THE RESIDENCE UPON WHICH SETTLEMENT WAS MADE WAS NOT ENTERED INTO DURING THE INITIAL 1-YEAR PERIOD AND THE EXTENSION GRANTED WOULD NOT BE APPLICABLE. THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.

TO MR. B. G. LOVELESS:

BY YOUR LETTER OF FEBRUARY 9, 1971, WITH ENCLOSURES, REFERENCE 3BCPA FILE NO. 334-71, YOU REQUEST A DECISION AS TO WHETHER THE TRAVEL VOUCHER OF MR. E. LOUIS PARKINGTON FOR $1,596.99 MAY BE CERTIFIED FOR PAYMENT OF THE REDUCED AMOUNT OF $1,382.99. THE VOUCHER IS FOR EXPENSES INCURRED IN THE PURCHASE OF A RESIDENCE PURSUANT TO THE CHANGE OF MR. PARKINGTON'S OFFICIAL DUTY STATION TO WASHINGTON, D. C.

THE FACTS SHOW MR. PARKINGTON REPORTED TO HIS NEW STATION ON SEPTEMBER 28, 1968, AND ON SEPTEMBER 4, 1969, EXECUTED A PURCHASE CONTRACT FOR A RESIDENCE. THE ADMINISTRATIVE OFFICE GRANTED AN EXTENSION AUTHORIZED BY SECTION 4.1E OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969. THIS CONTRACT WAS TERMINATED BY THE SELLER ON FEBRUARY 15, 1970, BECAUSE MR. PARKINGTON, DUE TO NO FAULT OR ACTION BY HIMSELF, WAS UNABLE TO OBTAIN A LOAN BY REASON OF THE TIGHT MONEY SITUATION. WHILE THE EMPLOYEE SUBSEQUENTLY EXECUTED ANOTHER CONTRACT, MARCH 4, 1970, AND CONSUMMATED THE PURCHASE, THIS SECOND CONTRACT WAS EXECUTED SOME 17 MONTHS AFTER HIS REPORTING FOR DUTY AT HIS NEW STATION.

SECTION 4.1E OF CIRCULAR NO. A-56 PROVIDES THAT THE HEAD OF AN AGENCY OR HIS DESIGNEE MAY EXTEND THE 1-YEAR TIME LIMIT FOR PURCHASING A RESIDENCE ONLY IN THOSE CASES, OTHER THAN SITUATIONS INVOLVING LITIGATION, WHEN HE DETERMINES THAT CIRCUMSTANCES JUSTIFYING THE EXCEPTION EXIST WHICH PRECLUDE SETTLEMENT WITHIN THE INITIAL 1-YEAR PERIOD OF THE SALE/PURCHASE CONTRACT ENTERED INTO IN GOOD FAITH BY THE EMPLOYEE WITHIN THE INITIAL 1- YEAR PERIOD.

OUR OFFICE HAS HELD THAT SECTION 4.1E AUTHORIZES EXTENSION OF THE 1 YEAR LIMITATION FOR SETTLEMENT ONLY FOR AN EXISTING PURCHASE CONTRACT WHICH WAS ENTERED INTO DURING THE INITIAL 1 YEAR FOLLOWING TRANSFER. B 168392, DECEMBER 16, 1969, AND JUNE 12, 1970; B-168663, JANUARY 21, 1970. HERE, THE SECOND PURCHASE CONTRACT FOR THE RESIDENCE UPON WHICH SETTLEMENT WAS MADE WAS NOT ENTERED INTO DURING THE INITIAL 1-YEAR PERIOD AND, THEREFORE, AN EXTENSION OF THE SETTLEMENT DATE UNDER SECTION 4.1E, SUPRA, WOULD NOT BE APPLICABLE.

CIRCULAR NO. A-56 IS A STATUTORY REGULATION AND HAS THE FORCE AND EFFECT OF LAW AND, THEREFORE, THE TIME LIMITATIONS THEREIN MAY NOT BE WAIVED IN AN INDIVIDUAL CASE. 49 COMP. GEN. 145, 147 (1969).

ACCORDINGLY, THE VOUCHER, WITH ATTACHMENTS, IS RETURNED HEREWITH AND MAY NOT BE CERTIFIED FOR PAYMENT.