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B-176541, NOV 9, 1972

B-176541 Nov 09, 1972
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A LODGING BILL PAID IN A LUMP-SUM IS TO BE PRORATED TO OBTAIN A DAILY RATE FOR REIMBURSEMENT PURPOSES. ARE COMPUTED BY ADDING THE PRORATED LODGING EXPENSE TO PROPERLY DOCUMENTED MEAL AND LAUNDRY EXPENSES. NEWCOMER: REFERENCE IS MADE TO YOUR LETTER OF JUNE 12. THE RECORD SHOWS THAT YOU WERE AUTHORIZED 30 DAYS TEMPORARY QUARTERS SUBSISTENCE EXPENSE ALLOWANCE AS ALLOWED BY OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. ALLOWABLE AMOUNT. "(1) REIMBURSEMENT SHALL BE ONLY FOR ACTUAL SUBSISTENCE EXPENSES INCURRED PROVIDED THESE ARE DIRECTLY RELATED TO OCCUPANCY OF TEMPORARY QUARTERS AND ARE REASONABLE BOTH AS TO AMOUNT AND DURATION. 75 PERCENT OF THE MAXIMUM PER DIEM RATE ALLOWED UNDER SECTION 2.1 FOR THE LOCALITY IN WHICH TEMPORARY QUARTERS ARE LOCATED "(B) FOR THE SECOND 10 DAYS "(I) FOR THE EMPLOYEE.

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B-176541, NOV 9, 1972

CIVILIAN PERSONNEL - TEMPORARY QUARTERS SUBSISTENCE - ACTUAL EXPENSES - LODGING EXPENSES DECISION AFFIRMING DENIAL OF THE CLAIM OF JAY R. NEWCOMER FOR ADDITIONAL TEMPORARY QUARTERS SUBSISTENCE EXPENSE INCURRED AS A RESULT OF A CHANGE OF PERMANENT STATION FROM COLUMBUS, OH., TO MECHANICSBURG, PA., AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY. A LODGING BILL PAID IN A LUMP-SUM IS TO BE PRORATED TO OBTAIN A DAILY RATE FOR REIMBURSEMENT PURPOSES, SEE B-165553, NOVEMBER 25, 1968. THEREFORE, ACTUAL EXPENSES FOR PURPOSES OF APPLYING OMB CIRCULAR NO. A-56, SECTION 2.5D(2), ARE COMPUTED BY ADDING THE PRORATED LODGING EXPENSE TO PROPERLY DOCUMENTED MEAL AND LAUNDRY EXPENSES.

TO MR. JAY R. NEWCOMER:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 12, 1972, REQUESTING RECONSIDERATION OF THE DENIAL BY THE TRANSPORTATION AND CLAIMS DIVISION OF YOUR CLAIM FOR ADDITIONAL TEMPORARY QUARTERS SUBSISTENCE EXPENSE INCURRED BY YOU AS A RESULT OF YOUR CHANGE OF PERMANENT STATION FROM COLUMBUS, OHIO, TO MECHANICSBURG, PENNSYLVANIA, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY IN MARCH OF 1969.

THE RECORD SHOWS THAT YOU WERE AUTHORIZED 30 DAYS TEMPORARY QUARTERS SUBSISTENCE EXPENSE ALLOWANCE AS ALLOWED BY OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966.

SECTION 2.5 OF THE CIRCULAR READS IN PART AS FOLLOWS:

"D. ALLOWABLE AMOUNT.

"(1) REIMBURSEMENT SHALL BE ONLY FOR ACTUAL SUBSISTENCE EXPENSES INCURRED PROVIDED THESE ARE DIRECTLY RELATED TO OCCUPANCY OF TEMPORARY QUARTERS AND ARE REASONABLE BOTH AS TO AMOUNT AND DURATION. ALLOWABLE SUBSISTENCE EXPENSES INCLUDE ONLY CHARGES FOR MEALS, LODGING, FEES AND TIPS INCIDENT TO MEALS AND LODGING, LAUNDRY, CLEANING AND PRESSING OF CLOTHING. THE ACTUAL EXPENSES SHALL BE SUPPORTED AS PROVIDED IN SUBSECTION 6.12F OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. EXPENSES OF LOCAL TRANSPORTATION INCURRED FOR ANY PURPOSE DURING OCCUPANCY OF TEMPORARY QUARTERS SHALL BE DISALLOWED.

"(2) THE AMOUNT WHICH MAY BE REIMBURSED FOR SUBSISTENCE EXPENSES FOR TEMPORARY QUARTERS SHALL BE THE LESSER OF EITHER (A) THE ACTUAL AMOUNT OF ALLOWABLE EXPENSE INCURRED FOR EACH TEN-DAY PERIOD OR (B) THE FOLLOWING: FOLLOWING:

"(A) FOR THE FIRST 10 DAYS

"(I) FOR THE EMPLOYEE, 75 PERCENT OF THE MAXIMUM PER DIEM RATE ALLOWED UNDER SECTION 2.1 FOR THE LOCALITY IN WHICH TEMPORARY QUARTERS ARE LOCATED

"(B) FOR THE SECOND 10 DAYS

"(I) FOR THE EMPLOYEE, TWO-THIRDS OF THE RATE AS DETERMINED IN SUBSECTION 2.5D(2)(A)(I) ABOVE.

"(C) FOR THE THIRD 10 DAYS, AND FOR ANY PORTION OF THE ADDITIONAL 30 DAY PERIOD

"(I) FOR THE EMPLOYEE, ONE-HALF OF THE RATE AS DETERMINED IN SUBSECTION 2.5D(2)(A)(I) ABOVE."

YOU SUBMITTED TWO BREAKDOWNS OF THE EXPENSE WHICH YOU INCURRED AS THE RESULT OF YOUR OCCUPANCY OF TEMPORARY QUARTERS. THE FIRST SUBMISSION READS AS FOLLOWS:

FIRST 10 DAYS

MOTEL AT 4.17 PER DAY $41.70

MEALS40.00

LAUNDRY 6.00

$87.70

SECOND 10 DAYS

MOTEL AT 4.17 PER DAY 41.70

MEALS 44.00

LAUNDRY 10.00

$95.70

THIRD 10 DAYS

MOTEL AT 4.16 PER DAY 41.60

MEALS 30.00

LAUNDRY 5.00

$76.60

TOTAL $260.00

YOUR SECOND SUBMISSION READS AS FOLLOWS:

FIRST 10 DAYS

MOTEL $83.25

MEALS 36.75

$120.00

SECOND 10 DAYS

MOTEL 36.25

MEALS 33.75

LAUNDRY 10.00

$80.00

THIRD 10 DAYS

MOTEL 5.50

MEALS 43.50

LAUNDRY 11.00

$60.00

TOTAL $260.00

YOUR REQUEST FOR RECONSIDERATION OF THE DISALLOWANCE OF YOUR CLAIM IS BASED ON THE FACT THAT THE TRANSPORTATION AND CLAIMS DIVISION UTILIZED THE MOTEL EXPENSE FROM THE FIRST SUBMISSION AND THE MEAL AND LAUNDRY EXPENSES FROM THE SECOND SUBMISSION.

THE MOTEL BILL WHICH YOU SUBMITTED SHOWED AN EXPENSE OF $125 FOR 30 DAYS OR A DAILY RATE OF $4.17. WHEN A LODGING BILL IS PAID ON A LUMP SUM BASIS, IT IS TO BE PRORATED TO OBTAIN A DAILY RATE FOR REIMBURSEMENT PURPOSES. SEE B-165553, NOVEMBER 25, 1968, COPY ENCLOSED. THEREFORE, IT WAS PROPER TO USE THIS METHOD IN COMPUTING YOUR REIMBURSEMENT. THE PROPER DOCUMENTATION WAS CONTAINED IN THE SECOND SUBMISSION FOR THE MEALS AND LAUNDRY AND THEREFORE THOSE FIGURES WERE USED.

BASED ON THE ABOVE, THE FIRST 10-DAY PERIOD, YOUR ACTUAL EXPENSE COMPUTED ON A PRORATED BASIS IN THE AMOUNT OF $78.45 IS LESS THAN 75 PERCENT OF $16 PER DIEM FOR 10 DAYS OR $120 LIMITATION AND IS THEREFORE FULLY ALLOWABLE. CONCERNING THE SECOND AND THIRD 10-DAY PERIODS, THE ACTUAL EXPENSES COMPUTED ON A PRORATED BASIS IN THE AMOUNT OF $85.45 AND $96.20, RESPECTIVELY, ARE GREATER THAN THE LIMITATIONS OF TWO THIRDS OF $120 AND ONE-HALF OF $120. THEREFORE, THESE TWO AMOUNTS, $80 AND $60, RESPECTIVELY, ARE THE MAXIMUM ALLOWABLE. ACCORDINGLY, YOUR TOTAL ENTITLEMENT IS $218.45. SINCE YOU HAVE BEEN PAID $227.70, THERE WAS AN OVERPAYMENT OF $9.25, RESULTING IN YOUR INDEBTEDNESS IN THAT AMOUNT TO THE UNITED STATES.

YOU ALSO RAISE THE ISSUE THAT YOU RELIED ON THE ADVICE OF AN EMPLOYEE IN THE DISBURSING OFFICE IN COMPUTING YOUR ALLOWANCE. THIS OFFICE HAS HELD ON MANY OCCASIONS THAT THE UNITED STATES IS NOT BOUND BY THE ERRONEOUS ACTS OR ACTS BEYOND THE AUTHORITY OF ITS AGENTS. SEE B 156327, MARCH 24, 1965, COPY ENCLOSED.

FOR THE FOREGOING REASONS THE SETTLEMENT OF THE TRANSPORTATION AND CLAIMS DIVISION MUST BE SUSTAINED.

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