[Protest of Navy Consideration of Nonresponsive Bid]

B-183557, NOV 18, 1975

INCIDENT TO A TRANSFER OF STATION, EMPLOYEE, WHO WAS AUTHORIZED TRANSPORTATION OF HOUSEHOLD EFFECTS, RENTED A U-HAUL TRAILER AND MOVED EFFECTS TO NEW DUTY STATION. HE IS ENTITLED TO REIMBURSEMENT ON A COMMUTED RATE BASIS UNDER 5 U.S.C. SEC. 5724(C). ALTHOUGH NO SCALE WAS AVAILABLE TO OBTAIN ACTUAL WEIGHT, OTHER EVIDENCE OF WEIGHT MAY BE PROVIDED. THIS CAN BE SATISFIED BY SHOWING THE SPACE OCCUPIED BY THE HOUSEHOLD GOODS AND THAT THE GOODS WERE PROPERLY LOADED BY LISTING THE ITEMS SHIPPED AND SPACE OCCUPIED BY EACH ITEM.

GEORGE M. PAOLUCCI - TRANSPORTATION OF HOUSEHOLD EFFECTS:

THIS ACTION IS IN RESPONSE TO A REQUEST FROM THE CHIEF, ARMY COMPTROLLER DIVISION, NATIONAL GUARD BUREAU, WASHINGTON, D.C., FOR AN ADVANCE DECISION REGARDING THE PROPRIETY OF CERTIFYING FOR PAYMENT CLAIM OF MR. GEORGE M. PAOLUCCI FOR REIMBURSEMENT OF $496.79 IN CONNECTION WITH THE MOVEMENT OF 7,056 POUNDS OF HOUSEHOLD EFFECTS INCIDENT TO HIS CHANGE OF STATION FROM LINCOLN, MASSACHUSETTS, TO NATICK, MASSACHUSETTS, AS A CIVILIAN EMPLOYEE OF THE NATIONAL GUARD BUREAU PURSUANT TO TRAVEL ORDER NO. 75-31, AUGUST 16, 1974.

INCIDENT TO THAT CHANGE OF STATION, MR. PAOLUCCI WAS AUTHORIZED TRANSPORTATION OF 5,000 POUNDS OF HOUSEHOLD EFFECTS. THE RECORD SHOWS THAT MR. PAOLUCCI, WHO RENTED A U-HAUL TRAILER AND MOVED HIS OWN HOUSEHOLD GOODS TO HIS NEW DUTY STATION, USED THE CONSTRUCTIVE WEIGHT FORMULA OF 7 POUNDS PER CUBIC FOOT AS PROVIDED IN FEDERAL TRAVEL REGULATIONS (FPMR 101- 7) PARA. 2-8.2B(4) AND 2-8.3A(3) (MAY 1973) SINCE THERE WAS NO SCALE AVAILABLE TO OBTAIN THE ACTUAL WEIGHT. SEE ALSO JOINT TRAVEL REGULATIONS (JTR), VOLUME 2 PARA. C7051.4B(1) AND C10006.2B. THE USE OF THE CONSTRUCTIVE WEIGHT FORMULA WAS ADMINISTRATIVELY CHALLENGED IN VIEW OF 32 COMP. GEN. 138 (1952). HOWEVER, THAT DECISION WAS SPECIFICALLY OVERRULED BY 32 COMP. GEN. 286 (1952).

WITH REGARD TO THE EVIDENCE NECESSARY TO ESTABLISH ENTITLEMENT TO REIMBURSEMENT BASED ON VOLUME, WE STATED IN 48 COMP. GEN. 115, 118 (1968) AS FOLLOWS:

"SINCE THE EMPLOYEE FAILED TO OBTAIN THE ACTUAL WEIGHT OF HIS HOUSEHOLD GOODS AT THE TIME OF TRANSPORTATION, HE MAY BE PAID AT THE COMMUTED RATE ONLY IF HE IS ABLE TO SHOW THE AMOUNT OF SPACE OCCUPIED BY HIS GOODS AND THAT THE GOODS WERE PROPERLY LOADED IN THE SPACE AVAILABLE. ESTABLISHING THE AMOUNT OF SPACE WHICH WOULD HAVE BEEN OCCUPIED BY HIS EFFECTS IF PROPERLY LOADED, THE EMPLOYEE MAY SUBMIT A LIST OF ITEMS TRANSPORTED TOGETHER WITH THE VOLUME OCCUPIED BY EACH BASED ON ACTUAL MEASUREMENT OR A UNIFORM TABLE, PREFERABLY PREPARED BY A COMMERCIAL CARRIER."

THE EVIDENCE OF VOLUME SUBMITTED BY MR. PAOLUCCI IN SUPPORT OF HIS CLAIM CONSISTS OF DD FORM 1701 ("INVENTORY OF HOUSEHOLD GOODS") WHICH IS AN ITEMIZATION OF AN ASSIGNMENT OF VOLUME TO THE HOUSEHOLD EFFECTS TRANSPORTED, ALONG WITH STATEMENTS THAT THE HOUSEHOLD GOODS WERE PROPERLY LOADED IN THE SPACE AVAILABLE. THE EVIDENCE IS SUFFICIENT TO ESTABLISH AN ESTIMATED WEIGHT OF 7,056 POUNDS, DETERMINED ON THE BASIS OF STANDARDIZED TABLES OF VOLUME MULTIPLIED BY 7 POUNDS PER CUBIC FOOT. HOWEVER, AS RECOGNIZED BY THE TRAVEL VOUCHER SUBMITTED, MR. PAOLUCCI IS ENTITLED ONLY TO REIMBURSEMENT OF THE COMMUTED RATE APPLICABLE TO 5,000 POUNDS OF HIS HOUSEHOLD GOODS. SEE FTR 2-8.2A; JTR PARA. C7050.

THE VOUCHER IS RETURNED AND IF OTHERWISE CORRECT MAY BE CERTIFIED FOR PAYMENT IN ACCORDANCE WITH THIS DECISION.