B-193130, MAY 3, 1979

B-193130, MAY 3, 1979

DIGEST: TRANSFERRED EMPLOYEE SEEKS REIMBURSEMENT FOR TEMPORARY QUARTERS WHERE LODGING WAS IN THE HOME OF A FRIEND INCIDENT TO A CHANGE OF PERMANENT DUTY STATION. CLAIM IS DISALLOWED SINCE NO INFORMATION WAS FURNISHED AS TO WHETHER FRIEND INCURRED ADDITIONAL EXPENSE TO FURNISH EMPLOYEE LODGING, WHETHER FRIEND PERFORMED EXTRA WORK, ETC. SEE 52 COMP.GEN. 78 (1972) AND 55 COMP.GEN. 856 (1976).

GUY H. CARR - TEMPORARY QUARTERS SUBSISTENCE EXPENSES - CHANGE OF DUTY STATION:

THIS ACTION IS IN RESPONSE TO A LETTER FROM MR. H. O. MILLER, ACCOUNTING AND FINANCE OFFICER, DEFENSE LOGISTICS AGENCY, REQUESTING AN ADVANCE DECISION ON THE PAYMENT OF A CLAIM OF MR. GUY H. CARR, FOR EXPENSES INCIDENT TO OCCUPANCY OF TEMPORARY QUARTERS.

BY TRAVEL ORDERS ISSUED DECEMBER 20, 1976, MR. GUY H. CARR WAS AUTHORIZED TRAVEL EXPENSES UPON A PERMANENT CHANGE OF STATION (PCS) FROM THE DEFENSE CONTRACT AUDIT INSTITUTE, MEMPHIS, TENNESSEE, TO THE DEFENSE CONTRACT AUDIT AGENCY (DCAA), DALLAS, TEXAS. TEMPORARY QUARTERS SUBSISTENCE EXPENSE WAS AUTHORIZED FOR 30 DAYS. PAYMENT WAS MADE BY MR. CARR FOR TEMPORARY LODGING COST FROM JANUARY 3 THROUGH JANUARY 29, 1977, AND FROM JANUARY 30 THROUGH FEBRUARY 2, 1977, WHILE RESIDING WITH A FRIEND. THE AMOUNT OF THE CLAIM IS $116 REPRESENTING A RATE OF $4 PER DAY FOR 29 DAYS. IT IS CLAIMED THAT THE COMMERCIAL RATE IN THE AREA FOR THE SAME PERIOD OF TIME WOULD HAVE BEEN APPROXIMATELY $450.

THE DEFENSE LOGISTICS AGENCY QUESTIONS THE VALIDITY OF THE CLAIM ASSERTING THAT ALTHOUGH THE CHARGES APPEAR TO BE REASONABLE, REASONABLENESS IS ONLY ONE OF TWO TESTS REQUIRED IN DETERMINING THE PROPRIETY OF PAYMENT, CITING DECISIONS B-183814, MARCH 10, 1976 (55 COMP. GEN. 856 (1976)) AND 52 COMP.GEN. 78 (1972). THE AGENCY CONTENDS THAT IN ADDITION TO REASONABLENESS THE CLAIMANT MUST SUBMIT PROOF THAT ADDITIONAL EXPENSES WERE ACTUALLY INCURRED BY THE HOST. THE ISSUE IS AS FOLLOWS:

IN ORDER TO REIMBURSE AMOUNTS CLAIMED FOR SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS IN HOMES OF FRIENDS OR RELATIVES ON A PCS IS THERE A REQUIREMENT FOR AN EMPLOYEE TO SUBMIT EVIDENCE OF ADDITIONAL COSTS INCURRED BY THE HOST WHICH SUBSTANTIATE THE REASONABLENESS OF THE AMOUNTS CLAIMED EVEN THOUGH THE AGENCY DETERMINES THE EXPENSE AMOUNTS ARE OTHERWISE CONSIDERED REASONABLE AND IN FACT ARE SUBSTANTIALLY LESS THAN THE COMMERCIAL RATE AS WELL AS THE AUTHORIZED MAXIMUM PER DIEM ALLOWANCE?

PARAGRAPH C13000 OF VOLUME 2, JOINT TRAVEL REGULATIONS (2 JTR) APPLICABLE AT THE TIME IN QUESTION AUTHORIZED, UNDER PROPER CIRCUMSTANCES, THE PAYMENT OF SUBSISTENCE EXPENSES OF A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF DEFENSE WHILE OCCUPYING TEMPORARY QUARTERS UPON A PCS. PARAGRAPH C13005, 2 JTR, PROVIDED THAT REIMBURSEMENT MAY BE MADE ONLY FOR ACTUAL SUBSISTENCE EXPENSES INCURRED NOT TO EXCEED THE MAXIMUM, ARE REASONABLE IN AMOUNT AND CAN BE SUBSTANTIATED.

IN 52 COMP.GEN. 78, 82, SUPRA, WE CONSIDERED THE REIMBURSEMENT OF AMOUNTS PAID TO RELATIVES FOR FOOD AND LODGING AND STATED IN PART:

"*** WE HAVE ALLOWED REIMBURSEMENT FOR CHARGES FOR TEMPORARY QUARTERS AND SUBSISTENCE SUPPLIED BY RELATIVES WHERE THE CHARGES HAVE APPEARED REASONABLE; THAT IS, WHERE THEY HAVE BEEN CONSIDERABLY LESS THAN MOTEL OR RESTAURANT CHARGES. IT DOES NOT SEEM REASONABLE OR NECESSARY TO US FOR EMPLOYEES TO AGREE TO PAY RELATIVES THE SAME AMOUNTS THEY WOULD HAVE TO PAY FOR LODGING IN MOTELS OR MEALS IN RESTAURANTS OR TO BASE SUCH PAYMENTS TO RELATIVES UPON MAXIMUM AMOUNTS WHICH ARE REIMBURSABLE UNDER THE REGULATIONS. OF COURSE, WHAT IS REASONABLE DEPENDS ON THE CIRCUMSTANCES OF EACH CASE. THE NUMBER OF INDIVIDUALS INVOLVED, WHETHER THE RELATIVE HAD TO HIRE EXTRA HELP TO PROVIDE LODGING AND MEALS, THE EXTRA WORK PERFORMED BY THE RELATIVE AND POSSIBLY OTHER FACTORS WOULD BE FOR CONSIDERATION. IN THE CLAIMS HERE INVOLVED AS WELL AS SIMILAR CLAIMS WE BELIEVE THE EMPLOYEES SHOULD BE REQUIRED TO SUPPORT THEIR CLAIMS BY FURNISHING SUCH INFORMATION IN ORDER TO PERMIT DETERMINATIONS OF REASONABLENESS." SEE ALSO B-190716, MAY 19, 1978, AND B-190508, MAY 8, 1978.

THUS, IT IS CLEAR THAT THE MATTERS ENUMERATED IN THAT DECISION AND QUOTED IN 55 COMP.GEN. 856 (1976) ARE FACTORS FOR CONSIDERATION IN DETERMINING THE REASONABLENESS OF A CLAIM.

IN MR. CARR'S CASE, HE HAS FURNISHED THE AMOUNT PAID TO HIS FRIEND FOR LODGING. HOWEVER, HE HAS NOT FURNISHED INFORMATION CONCERNING HIS FRIEND'S ADDITIONAL EXPENSES - WHETHER HE PERFORMED EXTRA WORK OR HIRED EXTRA HELP TO CLEAN THE HOME, ETC. ACCORDINGLY, THE CLAIM MAY NOT BE PAID ON THE BASIS OF THE PRESENT RECORD.