B-156860, FEB. 10, 1966

B-156860: Feb 10, 1966

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CASEY: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 19. THE RECORD SHOWS THAT YOU WERE EMPLOYED BY EDUCATIONAL SERVICES. IT IS FOR THIS AMOUNT YOU SEEK REIMBURSEMENT FROM THE GOVERNMENT. YOUR CLAIM WAS DISALLOWED SINCE YOU FURNISHED NO EVIDENCE TO SHOW THAT YOUR WRITTEN EMPLOYMENT CONTRACT WITH YOUR EMPLOYER. WHETHER SUCH COMPLETION WAS BY RESIGNATION OR BY ELECTION ON YOUR PART TO SEVER YOUR CONNECTION WITH YOUR EMPLOYER BY NOT SIGNING A NEW EMPLOYMENT CONTRACT. THE RECORD SHOWS THAT THE CLAIM YOU ASSERT WAS SUBMITTED BY EDUCATIONAL SERVICES TO NASA AND WAS REJECTED BY THAT AGENCY ON THE GROUND THAT IT WAS NOT A PROPER ITEM OF COST UNDER THE CONTRACT TERMS OR THE APPLICABLE REGULATION.

B-156860, FEB. 10, 1966

TO MR. JOHN W. CASEY:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 19, 1966, REQUESTING REVIEW OF THE CLAIMS DIVISION SETTLEMENT DATED DECEMBER 7, 1965, WHICH DISALLOWED YOUR CLAIM, AS A FORMER CONTRACT EMPLOYEE OF EDUCATIONAL SERVICES, FOR $1,369.90, FOR REIMBURSEMENT OF MOVING EXPENSES INCURRED IN RETURNING TO THE WASHINGTON, D.C., AREA AFTER TERMINATING YOUR EMPLOYMENT AS A NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) SPACEMOBILE LECTURER.

THE RECORD SHOWS THAT YOU WERE EMPLOYED BY EDUCATIONAL SERVICES, A PRIVATE CONCERN, IN CONNECTION WITH THAT CONCERN'S CONTRACT NO. NASW 1063 WITH NASA. UPON TERMINATION OF YOUR EMPLOYMENT WITH EDUCATIONAL SERVICES, YOU HAD YOUR HOUSEHOLD GOODS MOVED FROM SEATTLE, WASHINGTON, TO WASHINGTON, D.C., AT A COST OF $1,360.90, AND IT IS FOR THIS AMOUNT YOU SEEK REIMBURSEMENT FROM THE GOVERNMENT. YOUR CLAIM WAS DISALLOWED SINCE YOU FURNISHED NO EVIDENCE TO SHOW THAT YOUR WRITTEN EMPLOYMENT CONTRACT WITH YOUR EMPLOYER, EDUCATIONAL SERVICES, EXPRESSLY OBLIGATED EITHER YOUR EMPLOYER OR THE GOVERNMENT (NASA) TO REIMBURSE YOU FOR MOVING EXPENSES INCURRED IN RETURNING TO WASHINGTON, D.C., UPON COMPLETION OF YOUR CONTRACT TERM, WHETHER SUCH COMPLETION WAS BY RESIGNATION OR BY ELECTION ON YOUR PART TO SEVER YOUR CONNECTION WITH YOUR EMPLOYER BY NOT SIGNING A NEW EMPLOYMENT CONTRACT.

THE RECORD SHOWS THAT THE CLAIM YOU ASSERT WAS SUBMITTED BY EDUCATIONAL SERVICES TO NASA AND WAS REJECTED BY THAT AGENCY ON THE GROUND THAT IT WAS NOT A PROPER ITEM OF COST UNDER THE CONTRACT TERMS OR THE APPLICABLE REGULATION. IN OUR OPINION THIS ACTION WAS CORRECT. BUT, IN ANY EVENT, IT IS CLEAR THAT NO CONTRACTUAL RELATIONSHIP OR PRIVITY OF CONTRACT EXISTED BETWEEN YOU AND THE GOVERNMENT FOR THE PERIOD YOU WERE EMPLOYED BY EDUCATIONAL SERVICES. ANY "VERBAL COMMITMENTS" YOU MAY HAVE HAD WITH YOUR EMPLOYER CANNOT OPERATE TO FURNISH A LEGAL BASIS FOR PAYMENT OF YOUR CLAIM BY THE GOVERNMENT. IN THESE CIRCUMSTANCES, WE CAN ONLY SUGGEST THAT ANY CLAIM AS YOU MIGHT HAVE FOR MOVING EXPENSES WOULD APPEAR TO BE A MATTER FOR SETTLEMENT BETWEEN YOU AND YOUR FORMER EMPLOYER.

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