B-173357, JUL 14, 1971

B-173357: Jul 14, 1971

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BECAUSE CLAIMANT WAS REIMBURSED BY THE GOVERNMENT ON THE COMMUTED RATE BASIS ACCORDING TO 5 U.S.C. 5724(C). THERE IS NO AUTHORITY FOR REIMBURSEMENT OF AN ADDITIONAL $67 INCURRED THROUGH THE USE OF A "SHUTTLE" VAN BECAUSE THE MOVING VAN WAS UNABLE TO NEGOTIATE A NARROW STREET GRADE. DIRECTOR: REFERENCE IS MADE TO YOUR LETTER OF JUNE 16. IS AN ALLOWABLE EXPENSE UNDER THE COMMUTED RATE SYSTEM UNDER THE CIRCUMSTANCES STATED BELOW. MISS MCKENNEY'S HOUSEHOLD GOODS WERE SHIPPED ON JULY 30. THE MOVING VAN WAS UNABLE TO NEGOTIATE THE NARROW STREET. THE GOODS WERE. MOVED FROM HER HOUSE TO THE VAN BY A SMALLER "SHUTTLE" VAN FOR WHICH A CHARGE OF $67 WAS MADE. MISS MCKENNEY WAS PAID THE COMMUTED RATE AND SURCHARGE ALLOWANCE APPLICABLE TO THE WEIGHT OF THE HOUSEHOLD GOODS SHIPPED BUT THE $67 "SHUTTLE" SERVICE CHARGE WAS SUSPENDED ON HER VOUCHER.

B-173357, JUL 14, 1971

CIVILIAN EMPLOYEE - MOVING EXPENSES - COMMUTED RATE DECISION DENYING CLAIM BY MISS GAIL MCKENNEY FOR $67 INCURRED DURING TRANSPORTATION OF HER HOUSEHOLD GOODS INCIDENT TO A TRANSFER OF STATION. BECAUSE CLAIMANT WAS REIMBURSED BY THE GOVERNMENT ON THE COMMUTED RATE BASIS ACCORDING TO 5 U.S.C. 5724(C), THERE IS NO AUTHORITY FOR REIMBURSEMENT OF AN ADDITIONAL $67 INCURRED THROUGH THE USE OF A "SHUTTLE" VAN BECAUSE THE MOVING VAN WAS UNABLE TO NEGOTIATE A NARROW STREET GRADE, AND SHARP TURN. THE VOUCHER, THEREFORE, MAY NOT BE CERTIFIED FOR PAYMENT.

TO MR. VLADIMIR OLEYNIK, DIRECTOR:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 16, 1971, WITH WHICH YOU FORWARD A TRAVEL VOUCHER AND REQUEST OUR DECISION WHETHER AN EXPENSE OF $67 INCURRED BY MISS GAIL MCKENNEY, AN EMPLOYEE OF YOUR AGENCY, FOR THE TRANSPORTATION OF HER HOUSEHOLD GOODS INCIDENT TO A TRANSFER OF STATION, IS AN ALLOWABLE EXPENSE UNDER THE COMMUTED RATE SYSTEM UNDER THE CIRCUMSTANCES STATED BELOW.

MISS MCKENNEY'S HOUSEHOLD GOODS WERE SHIPPED ON JULY 30, 1969, INCIDENT TO HER TRANSFER FROM SAN FRANCISCO, CALIFORNIA, TO SEATTLE, WASHINGTON. THE MOVING VAN WAS UNABLE TO NEGOTIATE THE NARROW STREET, GRADE, AND SHARP TURNS TO REACH MISS MCKENNEY'S RESIDENCE. THE GOODS WERE, THEREFORE, MOVED FROM HER HOUSE TO THE VAN BY A SMALLER "SHUTTLE" VAN FOR WHICH A CHARGE OF $67 WAS MADE. MISS MCKENNEY WAS PAID THE COMMUTED RATE AND SURCHARGE ALLOWANCE APPLICABLE TO THE WEIGHT OF THE HOUSEHOLD GOODS SHIPPED BUT THE $67 "SHUTTLE" SERVICE CHARGE WAS SUSPENDED ON HER VOUCHER. SHE HAS SUBMITTED A RECLAIM VOUCHER FOR $67 ON WHICH SHE STATES THAT SHE INCURRED THE COST BECAUSE A SMALLER VAN WOULD NOT HAVE BEEN AVAILABLE FOR 2 WEEKS AND SHE DECIDED TO INCUR THE ADDED COST SO THAT SHE COULD REPORT IN SEATTLE ON THE SCHEDULED DATE OF HER TRANSFER.

SECTION 5724 OF TITLE 5, U.S.C. PROVIDES IN PERTINENT PART AS FOLLOWS:

"(C) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN EMPLOYEE WHO TRANSFERS BETWEEN POINTS INSIDE THE CONTINENTAL UNITED STATES, INSTEAD OF BEING PAID FOR THE ACTUAL EXPENSES OF TRANSPORTING, PACKING, CRATING, TEMPORARILY SCORING, DRAYING, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, SHALL BE REIMBURSED ON A COMMUTED BASIS AT THE RATES PER 100 POUNDS THAT ARE FIXED BY ZONES IN THE REGULATIONS. *** "

SECTION 6 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, ISSUED UNDER AUTHORITY DELEGATED BY THE PRESIDENT, PROVIDES THAT PAYMENT OF EXPENSES INCURRED IN THE TRANSPORTATION OF HOUSEHOLD GOODS SHALL GENERALLY BE ON A COMMUTED BASIS IN ACCORDANCE WITH A SCHEDULE OF COMMUTED RATES COMPILED BY THE GENERAL SERVICES ADMINISTRATION. NEITHER THE LAW NOR THE REGULATIONS AUTHORIZE CONSIDERATION OF ANY ADDITIONAL EXPENSES INCURRED IN EXCESS OF REIMBURSEMENT ON THE COMMUTED RATE BASIS WHEN HOUSEHOLD GOODS ARE SHIPPED UNDER THE COMMUTED RATE BASIS SYSTEM.

MISS MCKENNEY WAS REIMBURSED BY THE GOVERNMENT ON THE COMMUTED RATE BASIS AND THEREFORE THERE IS NO AUTHORITY FOR REIMBURSING HER FOR THE ADDITIONAL EXPENSES INCURRED. B-172017, MARCH 16, 1971.

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