B-180154, APR 23, 1974

B-180154, APR 23, 1974

EMPLOYEE OF NATIONAL SCIENCE FOUNDATION WHOSE RESIDENCE WAS IN OAK PARK, ILLINOIS, WAS ASSIGNED TO WASHINGTON, D. C., FOR 2 YEARS, MISTOOK GOVERNMENT'S ESTIMATED COST FOR TRANSFER OF HOUSEHOLD GOODS ($1,500) INDICATED ON THE TRAVEL AUTHORIZATION AS A COST LIMIT AND STORED GOODS FOR 2 YEARS AT COST OF $2,489. CLAIM FOR NONTEMPORARY STORAGE COSTS MAY NOT BE PAID AS EMPLOYEE DOES NOT QUALIFY THEREFOR; HOWEVER, HE MAY BE REIMBURSED FOR 60 DAYS TEMPORARY STORAGE.

TO DR. PETER G. LYKOS:

THIS ACTION IS AT THE REQUEST OF MR. LEON R. THOMAS AN AUTHORIZED CERTIFYING OFFICER FOR AN ADVANCE DECISION ON A VOUCHER SUBMITTED TO HIM FOR PAYMENT.

CLAIMANT, DR. PETER G. LYKOS, A RESIDENT OF OAK PARK, ILLINOIS, WAS ASSIGNED AS AN EMPLOYEE OF THE NATIONAL SCIENCE FOUNDATION IN WASHINGTON, D. C., FOR 2 YEARS EFFECTIVE ON OR ABOUT JUNE 21, 1971. INCIDENT TO THIS ASSIGNMENT TRAVEL ORDERS WERE ISSUED TO DR. LYKOS AUTHORIZING TRANSPORTATION OF HIS DEPENDENTS AND SHIPMENT OF HIS HOUSEHOLD GOODS.

MISINTERPRETING THE ESTIMATED COST FOR HOUSEHOLD GOODS SHIPMENT SET FORTH IN THE TRAVEL ORDER AT $1,500, AS A COST LIMIT ON SHIPPING HIS HOUSEHOLD GOODS, DR. LYKOS SOLD WHAT HE ESTIMATES TO HAVE BEEN MORE THAN HALF HIS HOUSEHOLD GOODS, STORED 8,000 POUNDS OF HOUSEHOLD GOODS IN ILLINOIS, AND TRANSPORTED THE REMAINDER TO WASHINGTON, D. C., IN A RENTED TRAILER WHICH HE TOWED BEHIND HIS AUTOMOBILE WHEN HE TRAVELED TO WASHINGTON (ON JULY 24 AND 25, 1971) TO REPORT FOR DUTY. DR. LYKOS CLAIMS A TOTAL OF $2,489 FOR NONTEMPORARY STORAGE AND RELATED COSTS IN LIEU OF SHIPPING HIS GOODS TO WASHINGTON, D. C. HE ALSO CLAIMS $86.40, FOR MILEAGE, $75.75 FOR TRAILER AND ACCESSORY RENTAL, $14.40 TOLLS, AND $12.50 PER DIEM.

MR. THOMAS ASKS WHETHER DR. LYKOS MAY BE PAID FOR STORAGE AND INSURANCE ON HIS HOUSEHOLD GOODS FOR 24 MONTHS, OR IF SUCH PAYMENT IS NOT PERMITTED UNDER THE APPLICABLE REGULATIONS, WHETHER DR. LYKOS MAY BE PAID THE AMOUNT HE WOULD HAVE BEEN PAID HAD HE MOVED THE 8,000 LBS. OF HOUSEHOLD GOODS STORED, TO WASHINGTON, D. C., FROM OAK PARK.

AUTHORITY FOR PAYMENT OF STORAGE EXPENSES IS FOUND IN BUREAU OF THE BUDGET CIRCULAR (BOB) NO. A-56, OCTOBER 12, 1966, WHICH WAS IN EFFECT FOR THE FIRST 2 TO 3 MONTHS OF THE STORAGE PERIOD, (THE RECORD DOES NOT SHOW PRECISELY THE INITIAL DATE OF STORAGE), WHICH WAS SUPERSEDED BY THE OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. A-56, AUGUST 17, 1971, WHICH WAS IN TURN SUPERSEDED BY THE FEDERAL TRAVEL REGULATIONS, FPMR 101-7, MAY 1973. THE STORAGE OF THE GOODS THEREFORE OCCURRED WHILE EACH OF THE THREE ISSUANCES OF THE PERTINENT REGULATIONS WAS IN EFFECT. THE APPLICABLE REGULATIONS, HOWEVER, THROUGHOUT THIS TIME ARE SIMILAR IN THAT NONTEMPORARY STORAGE IS ALLOWED IN ONLY THREE CASES, I.E., WHEN AN EMPLOYEE IS ASSIGNED TO AN ISOLATED LOCATION IN THE CONTINENTAL UNITED STATES; WHEN AN EMPLOYEE IS ASSIGNED TO A DUTY POST OUTSIDE OF THE CONTINENTAL UNITED STATES; AND, IN THE CASE OF SCHOOL TEACHERS WORKING OVERSEAS FOR THE DEPARTMENT OF DEFENSE. SEE BOB CIRCULAR NO. A-56, OCTOBER 12, 1966, SECTIONS 6.5, 6.7 AND 6.8; OMB CIRCULAR NO. A-56, SEPTEMBER 1, 1971, SECTIONS 5.1, 5.2 AND 5.3; FPMR 101-7, MAY 1, 1973, SECTIONS 2-9.1, 2-9.2, 2-9.3. SINCE DR. LYKOS' SITUATION DOES NOT COME UNDER ANY OF THE ABOVE CATEGORIES, THERE IS NO AUTHORITY FOR REIMBURSING HIM FOR NONTEMPORARY STORAGE COSTS.

SINCE THE STORAGE COSTS ARE LESS THAN THE PROBABLE TRANSPORTATION COSTS THAT WOULD HAVE BEEN INCURRED HAD DR. LYKOS SHIPPED ALL OF HIS HOUSEHOLD GOODS TO WASHINGTON, D. C., FROM OAK PARK, ILLINOIS, AND RETURN, MR. THOMAS ASKS WHETHER DR. LYKOS MAY BE REIMBURSED WHAT HE WOULD HAVE BEEN PAID IF HE HAD MOVED HIS GOODS TO WASHINGTON, D.C., AND RETURNED THEM TO OAK PARK. WE HAVE HELD THAT AN EMPLOYEE MAY NOT BE REIMBURSED NONTEMPORARY STORAGE COSTS WHICH ARE OTHERWISE NOT ALLOWABLE BASED UPON THE CONSTRUCTIVE COST OF TRANSPORTING THOSE GOODS, EVEN THOUGH SUCH TRANSPORTATION COSTS WOULD HAVE BEEN ALLOWED HAD THE HOUSEHOLD GOODS BEEN ACTUALLY TRANSPORTED. SEE B-149582, AUGUST 23, 1962. IT IS NOTED FURTHER THAT 5 U.S.C. 5726, THE STATUTORY AUTHORITY FOR PAYMENT OF NONTEMPORARY STORAGE EXPENSES, DOES NOT PERMIT REIMBURSEMENT BASED ON THE COMPARATIVE COST OF TRANSPORTATION WHEN AN EMPLOYEE IS ASSIGNED TO A POST OF DUTY IN THE CONTINENTAL UNITED STATES.

HOWEVER, IN ACCORDANCE WITH THE DECISION IN B-149582 SUPRA, AND ASSUMING THERE IS THE NECESSARY DOCUMENTATION OF THE STORAGE, DR. LYKOS MAY BE REIMBURSED FOR 60 DAYS TEMPORARY STORAGE INCIDENT TO HIS AUTHORIZED TRAVEL AT GOVERNMENT EXPENSE FROM OAK PARK TO WASHINGTON, D. C. SUCH PAYMENT SHOULD BE BASED UPON THE ACTUAL COSTS INCURRED FOR PLACING THE HOUSEHOLD GOODS IN STORAGE AND TAKING THEM OUT OF STORAGE AND FOR STORAGE AND RELATED INSURANCE CHARGES NOT TO EXCEED THE COMMUTED RATE APPLICABLE TO STORAGE OF THE WEIGHT OF HOUSEHOLD GOODS INVOLVED AS ESTABLISHED IN THE COMMUTED RATE SCHEDULES PROMULGATED BY THE GENERAL SERVICES ADMINISTRATION.

THE PER DIEM AND MILEAGE AND TOLL CLAIMS ARE FOR ALLOWANCE IF OTHERWISE PROPER. REGARDING THE CLAIM FOR REIMBURSEMENT OF THE COST OF RENTING A TRAILER AND ACCESSORIES, ALLOWANCE OF ACTUAL COSTS IF PROPERLY SUPPORTED BY RECEIPTS WOULD BE AUTHORIZED IN LIEU OF PAYMENT AT THE COMMUTED RATE FOR TRANSPORTATION OF THE HOUSEHOLD GOODS TRANSPORTED IN THE TRAILER. REIMBURSEMENT AT THE COMMUTED RATE FOR TRANSPORTATION OF THOSE GOODS, HOWEVER, WOULD NOT BE AUTHORIZED SINCE THE RECORD BEFORE US CONTAINS NO EVIDENCE OF THE WEIGHT OF THE GOODS SO TRANSPORTED. B-165846, JANUARY 8, 1969.