[Request for Reconsideration of Protest of Army Contract Award]
Highlights
A firm requested reconsideration of its dismissed protest against an Army contract award for food services. GAO had held that the protester failed to diligently pursue its protest. In its request for reconsideration, the protester contended that it was unaware that it had a valid protest basis. GAO held that it would not consider the protest, since the protester: (1) was not permitted to introduce new information to establish the timeliness of its protest; and (2) should have included the information in its initial protest. Accordingly, the request for reconsideration was denied.
A-92910, MARCH 28, 1938, 17 COMP. GEN. 784
TRAVELING EXPENSES - TRAVEL STATUS - TERMINATION PRIOR TO REPORTING FOR NEW DUTIES UPON TRANSFER THE ARRIVAL OF A NAVY OFFICER AT THE PLACE OF LOCATION OF THE VESSEL TO WHICH NEWLY ASSIGNED, TERMINATED HIS TRAVEL STATUS, AND THERE IS NO AUTHORITY FOR REIMBURSEMENT OF EXPENSES INCURRED DURING A SUBSEQUENT DELAY IN REPORTING, NOTWITHSTANDING HIS ORDERS DID NOT REQUIRE REPORTING FOR THE NEW DUTIES IMMEDIATELY UPON HIS ARRIVAL AND THAT NO QUARTERS WERE AVAILABLE ON THE VESSEL.
ACTING COMPTROLLER GENERAL ELLIOTT TO CAPTAIN R. F. MCCONNELL, UNITED STATES NAVY, MARCH 28, 1938:
THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT DATED JULY 28, 1937, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED AT SHANGHAI, CHINA, FROM OCTOBER 18 TO 30, 1936, UNDER ORDERS DATED MAY 8, 1936.
THE SAID ORDERS DIRECTED YOUR DETACHMENT FROM THE U.S.S. MILWAUKEE ON OR ABOUT AUGUST 3, 1936, AND AFTER TEMPORARY DUTY AT WASHINGTON, D.C., TO PROCEED TO SAN FRANCISCO, CALIF., TO TAKE PASSAGE TO SHANGHAI, CHINA, VIA THE DOLLAR STEAMSHIP LINE AND "WHEN ADMIRAL HARRY E. YARNELL,U.S.N., HOISTS HIS FLAG AS COMMANDER IN CHIEF, ASIATIC FLEET, IN OCTOBER 1936, REPORT TO THAT OFFICER FOR DUTY AS CHIEF OF STAFF, AND AIDE.' YOU WERE AUTHORIZED TO DELAY UNTIL SUCH TIME AS WOULD ENABLE YOU TO TAKE PASSAGE VIA THE S.S. PRESIDENT COOLIDGE SAILING OCTOBER 2, 1936.
PURSUANT TO SUCH ORDERS YOU SAILED FROM SAN FRANCISCO, CALIF., TO HONOLULU, TERRITORY OF HAWAII, ON THE S.S. PRESIDENT ADAMS ARRIVING OCTOBER 3, 1936, AND FROM HONOLULU, TERRITORY OF HAWAII, TO SHANGHAI, CHINA, ON THE S.S. PRESIDENT COOLIDGE ARRIVING OCTOBER 18, 1936. IT IS FURTHER SHOWN YOU REPORTED TO THE COMMANDER IN CHIEF, ASIATIC FLEET, U.S.S. AUGUSTA AT SHANGHAI, CHINA, OCTOBER 30, 1936.
YOUR CLAIM FOR EXPENSES INCURRED AFTER ARRIVAL AT SHANGHAI, CHINA, ON OCTOBER 18, 1936, WAS DISALLOWED FOR THE REASON THAT YOU WERE NOT IN A TRAVEL STATUS AFTER ARRIVAL AT SHANGHAI. YOU URGE PAYMENT OF YOUR CLAIM FOR THE REASON THAT YOUR ORDERS DID NOT REQUIRE YOU TO REPORT TO ADMIRAL YARNELL UNTIL HE HOISTED HIS FLAG AS COMMANDER IN CHIEF, ASIATIC FLEET, ON OCTOBER 30, 1936; THAT THERE WERE NO QUARTERS AVAILABLE FOR YOU ON THE U.S.S. AUGUSTA OR ON ANY OTHER VESSEL, AND THAT YOU WERE COMPELLED TO RESIDE ASHORE.
VOUCHER NO. 157-37, NOVEMBER 15, 1936, ACCOUNTS OF O. P. LATTU SHOWS THAT ADMIRAL YARNELL WAS DIRECTED BY ORDERS OF MAY 8, 1936, TO PROCEED VIA THE S.S. PRESIDENT COOLIDGE SAILING OCTOBER 7, 1936, FROM HONOLULU, TERRITORY OF HAWAII, AND UPON ARRIVAL AT SHANGHAI TO REPORT TO THE COMMANDER IN CHIEF, ASIATIC FLEET FOR DUTY AS HIS RELIEF. HE PROCEEDED AS DIRECTED, ARRIVING IN SHANGHAI ON OCTOBER 18, 1936, AND REPORTED TO THE COMMANDER IN CHIEF, ASIATIC FLEET, SHANGHAI, CHINA, ON OCTOBER 19, 1936. ON OCTOBER 30, 1936, HE RELIEVED ADMIRAL O. C. MURFIN, UNITED STATES NAVY, AND HOISTED HIS FLAG AS ADMIRAL UNITED STATES NAVY.
THERE WAS NO TRAVEL INVOLVED IN YOUR ORDERS AFTER ARRIVAL AT SHANGHAI, THE LOCATION OF THE U.S.S. AUGUSTA. THE DELAY IN REPORTING TO ADMIRAL YARNELL AFTER ARRIVAL AT SHANGHAI WAS NOT DUE TO ANY NECESSITY OF TRAVEL TO THE U.S.S. AUGUSTA; THEREFORE, NO FURTHER TRAVEL BEING REQUIRED, YOUR TRAVEL STATUS TERMINATED UPON YOUR ARRIVAL AT SHANGHAI. A-20649, DECEMBER 10, 1929. THERE IS NO AUTHORITY FOR REIMBURSEMENT OF EXPENSES INCURRED AFTER TERMINATION OF THE TRAVEL STATUS.
UPON REVIEW THE SETTLEMENT MUST BE AND IS SUSTAINED.