[Claim for Protest Costs Pursuant to Protests of Army Contract Award]
Highlights
A firm claimed reimbursement of its protest costs pursuant to its protests of an Army contract award. GAO held that the protester was not entitled to reimbursement of its protest costs, since the Army took prompt corrective action in response to its protests. Accordingly, the claim was denied.
B-120989, SEP 29, 1954
PRECIS-UNAVAILABLE
LIEUTENANT COLONEL SIDNEY A. HEAD, USAF:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 4, 1954, REQUESTING REVIEW OF SETTLEMENT DATED MAY 27, 1954, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE FOR TRAVEL PERFORMED BY YOU FROM BROOKLYN, NEW YORK, TO NORTON AIR FORCE BASE, CALIFORNIA, VIA KELLY AIR FORCE BASE, TEXAS.
BY PARAGRAPH 14, SPECIAL ORDERS NO. 29, HEADQUARTERS 2225TH PERSONNEL GROUP, CAMP KILMER, NEW JERSEY, DATED FEBRUARY 6, 1952, YOU WERE RELEASED FROM ASSIGNMENT WITH THE 2267TH PERSONNEL PROCESSING SQUADRON, THEN AT FORT HAMILTON, NEW YORK, AND DIRECTED TO PROCEED ON A PERMANENT CHANGE OF STATION TO KELLY AIR FORCE BASE, REPORTING ON OR ABOUT MARCH 17, 1952, FOR DUTY, 30 DAYS' LEAVE ON ROUTE BEING AUTHORIZED. SUCH ORDERS WERE AMENDED BY PARAGRAPH 13, SPECIAL ORDERS NO. 39, SAME HEADQUARTERS, FEBRUARY 20, 1952, CHANGING THE NEW STATION TO NORTON AIR FORCE BASE. YOU SAY THAT YOU WERE NOT INFORMED OF THE AMENDATORY ORDERS UNTIL AFTER YOU ARRIVED AT KELLY AIR FORCE BASE ON MARCH 16, 1952. IT APPEARS THAT MILEAGE HAS BEEN PAID YOU FOR THE DISTANCE FROM BROOKLYM TO NORTON AIR FORCE BASE AND YOUR CLAIM IS FOR THE DIFFERENCE BETWEEN THAT AMOUNT AND THE AMOUNT PAYABLE FOR THE DISTANCE BETWEEN THOSE TWO PLACES, VIA KELLY AIR FORCE BASE.
YOUR CLAIM WAS DISALLOWED UNDER CASE 16, PARAGRAPH 4153, CHANGE 1, JOINT TRAVEL REGULATIONS, WHICH PRESCRIBES THAT WHEN A MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS AVAILS HIMSELF OF LEAVE BEFORE JOINING THE NEW STATION, SUCH LEAVE SUSPENDS THE EXECUTION OF THE ORDER FOR A CHANGE OF STATION, AND THAT WHEN THE NEW STATION IS CHANGED BEFORE EXPIRATION OF THE LEAVE, THE MEMBER IS ENTITLED TO TRAVEL ALLOWANCES "FROM THE STATION HE LEFT TO GO ON LEAVE TO THE LAST-NAMED STATION." SEE ALSO PARAGRAPH 3003- LB OF SUCH REGULATIONS WHICH PROVIDES THAT WHEN DELAY OR LEAVE PRIOR TO REPORTING AT A NEW STATION IS AUTHORIZED IN THE BASIC ORDER, THE "AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION (DETACHMENT) TO DETERMINE THE EFFECTIVE DATE OF ORDERS."
YOU WERE NOT REQUIRED TO LEAVE FORT HAMILTON PRIOR TO THE EXPIRATION OF THE 30 DAYS' LEAVE GRANTED IN THE ORDERS OF FEBRUARY 6, 1952, AND IF YOU HAD NOT DEPARTED UNTIL THE EFFECTIVE DATE OF SUCH ORDERS, THE AMENDATORY ORDERS OF FEBRUARY 20, 1952, WOULD HAVE BEEN DELIVERED TO YOU AT THAT PLACE. THE FAILURE OF OFFICIALS AT CAMP KILMER TO FORWARD YOUR AMENDED ORDERS TO YOUR LEAVE ADDRESS DID NOT ADD TO YOUR RIGHTS SINCE THE REGULATIONS EXPRESSLY PROVIDED FOR PAYMENT OF ALLOWANCES IN SUCH CASES ONLY FROM THE STATION YOU LEFT TO GO ON LEAVE TO THE NEW STATION DIRECTED BY THE AMENDED ORDERS.
ACCORDINGLY, THE SETTLEMENT OF MAY 27, 1954, IS SUSTAINED.