B-93558, APRIL 4, 1950, 29 COMP. GEN. 399

B-93558: Apr 4, 1950

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EVEN THOUGH THERE IS NO SPECIFIC PROVISION OF LAW AUTHORIZING SUCH EXPENSES. 1950: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 21. HE WAS AUTHORIZED TO SHIP HIS HOUSEHOLD GOODS FROM BIRMINGHAM. THE EMPLOYEE WAS CONFRONTED WITH THE PROBLEM OF STORING HIS GOODS UNTIL THEY COULD BE UNLOADED AT THE NEWLY RENTED QUARTERS. THAT HE COULD EFFECT A SUBSTANTIAL SAVING BY PAYING THE ACTUAL CARRIER $3 PER HOUR WAITING TIME AND HAVE THE GOODS DELIVERED TO HIS QUARTERS ON THE FOLLOWING DAY. WOULD HAVE COST $84.80 AT THE RATE OF $1 PER CWT. THE CLAIMANT LAWFULLY COULD HAVE SUBJECTED THE GOVERNMENT TO AN EXPENSE OF $112. THERE IS NO SPECIFIC PROVISION OF LAW OR REGULATION AUTHORIZING REIMBURSEMENT FOR "WAITING TIME" CHARGES FOR VANS IN LIEU OF TEMPORARY STORAGE.

B-93558, APRIL 4, 1950, 29 COMP. GEN. 399

STORAGE - HOUSEHOLD EFFECTS - WAITING TIME CHARGE FOR VAN IN LIEU OF STORAGE THE EXPENSES INCURRED BY AN EMPLOYEE FOR OVERNIGHT "WAITING TIME" FOR A MOVING VAN IN LIEU OF TEMPORARY STORAGE DUE TO THE ARRIVAL OF HIS HOUSEHOLD EFFECTS AT HIS NEW OFFICIAL DUTY STATION PRIOR TO THE AVAILABILITY OF HIS QUARTERS MAY BE REIMBURSED, EVEN THOUGH THERE IS NO SPECIFIC PROVISION OF LAW AUTHORIZING SUCH EXPENSES, IN VIEW OF THE RESULTING SAVINGS TO THE GOVERNMENT OVER THE COST OF OVERNIGHT STORAGE AUTHORIZED UNDER EXECUTIVE ORDER NO. 9933 TO BE REIMBURSED ON A COMMUTED BASIS.

COMPTROLLER GENERAL WARREN TO W. R. WYNNE, DEPARTMENT OF COMMERCE, APRIL 4, 1950:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 21, 1950, REFERRED TO THIS OFFICE BY LETTER OF THE DEPARTMENT OF COMMERCE, CIVIL AERONAUTICS ADMINISTRATION, DATED MARCH 6, 1950, TRANSMITTING A VOUCHER FOR $36 IN FAVOR OF HARRY L. DULIN, REPRESENTING EXPENSES INCURRED FOR STORAGE OF HIS HOUSEHOLD GOODS INCIDENT TO THE TRANSFER OF HIS OFFICIAL STATION AS AN EMPLOYEE OF THE CIVIL AERONAUTICS ADMINISTRATION. YOUR LETTER REQUESTS A DECISION AS TO WHETHER, UPON THE FACTS HEREINAFTER SET FORTH, THE VOUCHER PROPERLY MAY BE CERTIFIED FOR PAYMENT.

BY COMPETENT ORDERS DATED SEPTEMBER 19, 1949, DIRECTING THE CHANGE OF MR. DULIN'S OFFICIAL STATION, HE WAS AUTHORIZED TO SHIP HIS HOUSEHOLD GOODS FROM BIRMINGHAM, ALABAMA, TO MIAMI, FLORIDA. ANTICIPATING SOME DELAY IN OBTAINING A HOUSE AT HIS NEW STATION, THE EMPLOYEE ARRANGED WITH THE AMERICAN VAN AND STORAGE COMPANY OF MIAMI, FLORIDA, FOR TEMPORARY STORAGE OF HIS HOUSEHOLD GOODS IN THE EVENT SUCH GOODS ARRIVED BEFORE HE ACQUIRED A HOUSE. AS IT DEVELOPED, HE FOUND A HOUSE ON OCTOBER 12, 1949, THE DAY THE VAN ARRIVED WITH HIS HOUSEHOLD GOODS, BUT AS SUCH HOUSING WOULD NOT BE AVAILABLE UNTIL THE FOLLOWING DAY, THE EMPLOYEE WAS CONFRONTED WITH THE PROBLEM OF STORING HIS GOODS UNTIL THEY COULD BE UNLOADED AT THE NEWLY RENTED QUARTERS. THE AMERICAN VAN AND STORAGE COMPANY INFORMED THE EMPLOYEE THAT THE MINIMUM CHARGE FOR OVERNIGHT STORAGE OF HIS GOODS, INCLUDING UNLOADING, RELOADING, AND DELIVERING TO HIS NEW QUARTERS, WOULD BE BASED UPON THE MINIMUM CHARGE FOR 30 DAYS AT $1.60 PER CWT., OR $112. MR. DULIN STATES THAT THIS CARRIER SUGGESTED THAT SUCH METHOD WOULD BE UNECONOMICAL, AND THAT HE COULD EFFECT A SUBSTANTIAL SAVING BY PAYING THE ACTUAL CARRIER $3 PER HOUR WAITING TIME AND HAVE THE GOODS DELIVERED TO HIS QUARTERS ON THE FOLLOWING DAY. THE CLAIMANT FOLLOWED THIS SUGGESTION AND INCURRED EXPENSE OF $36 REPRESENTING 12 HOURS' WAITING TIME AT $3 PER HOUR FOR WHICH HE CLAIMS REIMBURSEMENT. THE INVOICE OF THE MAGIC CITY TRANSFER AND STORAGE COMPANY OF BIRMINGHAM, ALABAMA, THE ACTUAL CARRIER, SHOWS THAT TEMPORARY STORAGE OF THE CLAIMANT'S GOODS FOR 30 DAYS, OR ANY FRACTION THEREOF, WOULD HAVE COST $84.80 AT THE RATE OF $1 PER CWT., WHICH RATE PRESUMABLY PREVAILED IN BIRMINGHAM.

EXECUTIVE ORDER 9933, DATED FEBRUARY 27, 1948, PROVIDES FOR THE COMMUTATION OF EXPENSES OF TEMPORARY STORAGE OF HOUSEHOLD GOODS INCIDENT TO TRANSFERS OF OFFICIAL STATIONS WITHIN THE CONTINENTAL UNITED STATES, AND AUTHORIZES REIMBURSEMENT AT THE RATE OF $1.60 PER CWT. FOR THE FIRST 30 DAYS OR FRACTION THEREOF. UNDER THE PROVISION OF THE EXECUTIVE ORDER, THE CLAIMANT LAWFULLY COULD HAVE SUBJECTED THE GOVERNMENT TO AN EXPENSE OF $112. THERE IS NO SPECIFIC PROVISION OF LAW OR REGULATION AUTHORIZING REIMBURSEMENT FOR "WAITING TIME" CHARGES FOR VANS IN LIEU OF TEMPORARY STORAGE. HOWEVER, IN VIEW OF THE CIRCUMSTANCES AND THE RESULTING SUBSTANTIAL SAVING TO THE GOVERNMENT, THE VOUCHER, WHICH IS RETURNED HEREWITH, IF OTHERWISE CORRECT, PROPERLY MAY BE CERTIFIED FOR PAYMENT. CF. 28 COMP. GEN. 337.