B-181420, NOV 5, 1974, 54 COMP GEN 335

B-181420, NOV 5, 1974, 54 COMP GEN 335

OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - HOUSE TRAILERS, MOBILE HOMES, ETC. - MORE THAN ONE MOBILE HOME WHEN AN EMPLOYEE CHANGES PERMANENT DUTY STATIONS AND IT IS NECESSARY TO TRANSPORT TWO MOBILE HOMES BY COMMERCIAL CARRIERS, RESULTING FROM ELIGIBILITY STATUS OF MOTHER-IN-LAW PRESCRIBED BY REGULATIONS, HE MAY BE REIMBURSED THE COST OF THE APPLICABLE TARIFF AS APPROVED BY THE INTERSTATE COMMERCE COMMISSION FOR THE TRANSPORTATION OF BOTH MOBILE HOMES IN AN AMOUNT NOT TO EXCEED THE MAXIMUM AMOUNT ALLOWABLE FOR TRANSPORTATION AND 60 DAYS TEMPORARY STORAGE OF HOUSEHOLD GOODS. REGARDLESS OF METHOD USED IN COMPUTING ALLOWANCES HE IS ENTITLED TO A FLAT $200 MISCELLANEOUS ALLOWANCE OR A LARGER AMOUNT NOT TO EXCEED 2 WEEKS BASIC SALARY OF THE EMPLOYEE AT THE TIME HE REPORTED FOR DUTY WHERE THE CLAIM IS SUPPORTED BY ACCEPTABLE DOCUMENTATION SINCE THERE IS INVOLVED ONLY ONE CHANGE OF STATION. OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - HOUSE TRAILERS, MOBILE HOMES, ETC. - MISCELLANEOUS EXPENSES WHEN EMPLOYEE USES COMMERCIAL CARRIERS TO TRANSPORT TWO MOBILE HOMES INCIDENT TO A PERMANENT CHANGE OF STATION AND EXTRA EQUIPMENT IS REQUIRED FOR PICKUP AND DELIVERY OF THE TRAILER, EMPLOYEE WOULD BE ENTITLED TO REIMBURSEMENT OF SUCH EXPENSES SINCE THEY DO NOT APPEAR TO BE EXPENSES FOR PREPARING THE TRAILER FOR MOVEMENT NOR DO THEY APPEAR TO BE OTHERWISE PROHIBITED BY SUBSECTION 9.3A(3) OF OMB CIRCULAR NO. A 56.

IN THE MATTER OF TRANSPORTATION OF MOBILE HOME AND RELATED EXPENSES, NOVEMBER 5, 1974:

THIS IS IN RESPONSE TO A REQUEST BY A CERTIFYING OFFICER AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER IN THE AMOUNT OF $431.70 REPRESENTING EXPENSES INCURRED BY MR. JAMES B. ROBINSON, AN EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE, IN CONNECTION WITH HIS TRANSFER OF STATION FROM PORTLAND, OREGON, TO TACOMA, WASHINGTON.

MR. ROBINSON WAS PREVIOUSLY REIMBURSED $191.90 FOR THE AMOUNT HE PAID TRANSIT HOMES, INC. FOR MOVING HIS MOBILE HOME FROM BORING, OREGON, TO PUYALLUP, WASHINGTON, AND $200 FOR MISCELLANEOUS EXPENSES INCIDENT TO THE MOVE, PLUS AN ADDITIONAL $161 FOR USE OF A TRACTOR WRECKER AND LOADER TO COPE WITH ROAD CONDITIONS. HE IS NOW CLAIMING $152.80 FOR MOVEMENT OF HIS DEPENDENT MOTHER-IN-LAW'S MOBILE HOME AND AN ADDITIONAL ALLOWANCE OF $200 FOR MISCELLANEOUS EXPENSES, PLUS $78.90 FOR RENTAL OF A TRUCK TO TRANSPORT AWNINGS, SKIRTING AND OUTSIDE FURNITURE. MR. ROBINSON'S TRAVEL ORDER LISTED HIS MOTHER-IN-LAW, MRS. NEVA F. ROPER, AS A DEPENDENT.

THE CERTIFYING OFFICER QUESTIONS WHETHER THE TRANSPORTATION EXPENSE OF MR. ROBINSON'S MOTHER-IN-LAW'S MOBILE HOME SHOULD BE CERTIFIED FOR PAYMENT, WHETHER AN ADDITIONAL $200 MISCELLANEOUS EXPENSE ALLOWANCE IS DUE, AND WHETHER THE $161 ALREADY PAID FOR THE TRACTOR WRECKER AND LOADER WAS PROPER. 5 U.S.C. 5724(B) AND SUBSECTION 9.1A OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 (OMB), EFFECTIVE SEPTEMBER 1, 1971, WHICH WAS IN EFFECT AT THE TIME OF THE TRANSFER, REFER TO THE TRANSPORTATION OF "A" MOBILE HOME. HOWEVER, THIS OFFICE HAS ALLOWED REIMBURSEMENT OF THE COSTS TRANSPORTING TWO MOBILE HOMES OR HOUSE TRAILER UNITS WHERE THE PARTICULAR NEEDS OF THE EMPLOYEE'S FAMILY REQUIRES THE USE OF TWO TRAILERS. SEE B- 152429, NOVEMBER 8, 1963. THE FOLLOWING QUOTATION FROM THAT DECISION WOULD SEEM TO BE APPLICABLE TO THE CASE:

HAVING IN MIND *** THE FACT THAT THE AUTHORIZATION FOR REIMBURSEMENT FOR THE MOVEMENT OF HOUSE TRAILERS IS IN LIEU OF THE TRANSPORTATION AND TEMPORARY STORAGE OF HOUSEHOLD EFFECTS TO WHICH THE EMPLOYEE WOULD OTHERWISE BE ENTITLED AND THAT THE AMOUNT OF HOUSEHOLD EFFECTS COULD BE EXPECTED TO VARY ACCORDING TO THE SIZE AND COMPOSITION OF THE EMPLOYEE'S FAMILY, WE DO NOT BELIEVE THAT IT WOULD BE CONTRARY TO THE INTENT AND PURPOSE OF THE LAW TO HOLD THAT AN EMPLOYEE MAY BE REIMBURSED FOR THE MOVEMENT OF MORE THAN ONE HOUSE TRAILER WHEN, AS HERE, THE SIZE AND COMPOSITION OF THE EMPLOYEE'S IMMEDIATE FAMILY APPEARS TO NECESSITATE THE USE OF MORE THAN ONE TRAILER AS A RESIDENCE. HOWEVER, OUR VIEW IS THAT THE QUESTION OF NEED PRIMARILY IS ONE FOR ADMINISTRATIVE DETERMINATION. OF COURSE, THE COMBINED AMOUNTS PAYABLE FOR MOVEMENT OF THE TRAILERS MAY NOT EXCEED THE MAXIMUM LIMITATION IMPOSED BY THE LAW AND REGULATIONS ***.

SUBSECTION 9.4 OF OMB CIRCULAR NO. A-56 CONTAINS A LIMITATION ON THE TOTAL AMOUNT ALLOWABLE FOR THE TRANSPORTATION OF MOBILE HOMES AS FOLLOWS:

9.4 LIMITATION ON ALLOWANCES. THE TOTAL AMOUNT ALLOWABLE UNDER 9.3 SHALL NOT EXCEED THE MAXIMUM AMOUNT WHICH WOULD BE ALLOWABLE FOR TRANSPORTATION AND 60 DAYS' TEMPORARY STORAGE OF THE EMPLOYEE'S HOUSEHOLD GOODS IF, INSTEAD OF MOVING A MOBILE HOME, THE MAXIMUM QUANTITY OF HOUSEHOLD GOODS ALLOWABLE FOR THE EMPLOYEE INVOLVED UNDER 6.2 HAD BEEN MOVED.

SECTION 6 OF OMB CIRCULAR NO. A-56 PROVIDES INSTRUCTION FOR THE COMPUTATION OF EXPENSES ALLOWABLE FOR THE TRANSPORTATION OF HOUSEHOLD GOODS INCIDENT TO TRANSFER. SUBSECTION 6.3A PROVIDES THAT WHEN THE COMMUTED RATE SYSTEM IS USED TO COMPUTE TRANSPORTATION COSTS AN EMPLOYEE "IS REIMBURSED BY THE GOVERNMENT IN ACCORDANCE WITH SCHEDULES OF COMMUTED RATES WHICH ARE COMPILED AND DISTRIBUTED BY THE GENERAL SERVICES ADMINISTRATION, TOGETHER WITH INSTRUCTIONS CONCERNING THEIR USE." WITH RESPECT TO STORAGE OF HOUSEHOLD GOODS, SUBSECTION 6.5B(1) LIKEWISE PROVIDES FOR REIMBURSEMENT IN ACCORDANCE WITH THE COMMUTED RATES AS DETERMINED BY THE GENERAL SERVICES ADMINISTRATION.

WHEN THE AMOUNT NOW CLAIMED BY MR. ROBINSON FOR HIS MOTHER-IN-LAW'S TRANSPORTATION EXPENSES ($152.80) IS COMPUTED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE SCHEDULES AND INSTRUCTIONS PROMULGATED BY THE GENERAL SERVICES ADMINISTRATION, ALONG WITH THE AMOUNTS PREVIOUSLY PAID MR. ROBINSON FOR TRANSPORTATION EXPENSES, AND IF THIS AMOUNT DOES NOT EXCEED THE MAXIMUM AMOUNT ALLOWABLE FOR TRANSPORTATION AND 60 DAYS TEMPORARY STORAGE OF 11,000 POUNDS OF HOUSEHOLD GOODS, PAYMENT MAY BE ADMINISTRATIVELY APPROVED. SEE B-167758, SEPTEMBER 17, 1969.

WITH REGARD TO AN ADDITIONAL ALLOWANCE OF $200 TO COVER MISCELLANEOUS EXPENSES INCURRED IN MOVING HIS MOTHER-IN-LAW'S MOBILE HOME, WE REFER YOU TO SUBSECTIONS 3.2A AND 3.3 OF OMB CIRCULAR NO. A-56 WHICH PROVIDE AS FOLLOWS:

3.2 ELIGIBILITY

A. COVERAGE. A MISCELLANEOUS EXPENSE ALLOWANCE WILL BE PAYABLE TO AN EMPLOYEE FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED, AND WHO HAS DISCONTINUED AND ESTABLISHED A RESIDENCE IN CONNECTION WITH SUCH CHANGE, REGARDLESS OF WHERE THE OLD OR NEW OFFICIAL STATIONS ARE LOCATED; ***

3.3 ALLOWABLE AMOUNT. EMPLOYEES ELIGIBLE FOR A MISCELLANEOUS EXPENSE ALLOWANCE WILL BE PAID AN AMOUNT UNDER 3.3A OR REIMBURSED AN AMOUNT UNDER 3.3B, BUT NOT BOTH, AS FOLLOWS:

A. ALLOWANCES IN THE FOLLOWING AMOUNTS WILL BE PAID WITHOUT SUPPORT OR OTHER DOCUMENTATION OF EXPENSES:

(1) $100 OR THE EQUIVALENT OF ONE WEEK'S BASIC PAY, WHICHEVER IS THE LESSER AMOUNT, FOR AN EMPLOYEE WITHOUT IMMEDIATE FAMILY.

(2) $200 OR THE EQUIVALENT OF TWO WEEKS' BASIC PAY, WHICHEVER IS THE LESSER AMOUNT, FOR AN EMPLOYEE WITH IMMEDIATE FAMILY.

B. ALLOWANCES IN EXCESS OF THOSE PROVIDED IN 3.3A, ABOVE, MAY BE AUTHORIZED OR APPROVED, IF SUPPORTED BY ACCEPTABLE STATEMENTS OF FACT AND EITHER PAID BILLS OR OTHER ACCEPTABLE EVIDENCE JUSTIFYING THE AMOUNTS CLAIMED; PROVIDED THAT THE AGGREGATE AMOUNT DOES NOT EXCEED THE EMPLOYEE'S BASIC PAY AT THE TIME THE EMPLOYEE REPORTED FOR DUTY - FOR ONE WEEK IF THE EMPLOYEE IS WITHOUT IMMEDIATE FAMILY OR FOR TWO WEEKS IF THE EMPLOYEE HAS IMMEDIATE FAMILY. IN NO INSTANCE WILL THE ALLOWANCE AMOUNT EXCEED THE MAXIMUM RATE OF GRADE GS-13 PROVIDED IN 5 U.S.C. 5332 AT THE TIME THE EMPLOYEE REPORTED FOR DUTY. THE ENTIRE AMOUNT CLAIMED UNDER THIS 3.3B (INCLUDING THE AMOUNT OTHERWISE PAYABLE WITHOUT SUCH DOCUMENTATION UNDER 3.3A) MUST BE SUPPORTED AS REQUIRED ABOVE.

SINCE THERE WAS ONLY ONE CHANGE OF PERMANENT DUTY STATION INVOLVED, THE EMPLOYEE IS ENTITLED TO ONE MISCELLANEOUS EXPENSES ALLOWANCE. SEE B- 166752, JULY 2, 1969. SUBSECTION 3.2A OF OMB CIRCULAR NO. A-56 PROVIDES AN OPTION FOR PAYMENT OF MISCELLANEOUS EXPENSES THEREBY LIMITING AN EMPLOYEE WITH A FAMILY TO A REIMBURSEMENT ALLOWANCE OF $200 OR AN AMOUNT SUPPORTED BY ACCEPTABLE DOCUMENTATION JUSTIFYING A LARGER AMOUNT NOT TO EXCEED 2 WEEKS' BASIC SALARY OF THE EMPLOYEE AT THE TIME HE REPORTED FOR DUTY. SINCE MR. ROBINSON HAS RECEIVED REIMBURSEMENT FOR $200 MISCELLANEOUS EXPENSES WITHOUT SUPPORTING DOCUMENTATION, NO FURTHER REIMBURSEMENT WOULD BE PERMITTED UNDER SUBSECTION 3.3A IN EXCESS OF $200 UNLESS DOCUMENTATION IS PROVIDED FOR ALL EXPENSES AS REQUIRED BY SUBSECTION 3.3B.

MR. ROBINSON ALSO CLAIMS AN ADDITIONAL REIMBURSEMENT OF $78.90 FOR RENTING A TRUCK IN WHICH HE TRANSPORTED AWNINGS, SKIRTING AND OUTSIDE FURNITURE WHICH APPARENTLY COULD NOT BE TRANSPORTED INSIDE THE MOBILE HOME.

SECTION 9 OF CIRCULAR NO. A-56 PROVIDES THAT THE ALLOWANCE FOR TRANSPORTATION OF A HOUSETRAILER IS IN LIEU OF TRANSPORTING HOUSEHOLD GOODS AND PERSONAL EFFECTS. SUBSECTION 9.3A PROVIDES THAT WHERE THE TRANSPORTATION OF A HOUSETRAILER IS BY COMMERCIAL MEANS, THE ALLOWANCES SHALL INCLUDE THE CARRIER'S ACTUAL CHARGES IN AN AMOUNT NOT TO EXCEED THE APPLICABLE TARIFF AS APPROVED BY THE INTERSTATE COMMERCE COMMISSION (OR APPROPRIATE STATE REGULATORY BODY FOR INTRASTATE MOVEMENTS) FOR TRANSPORTATION OF A MOBILE HOME OF THE SIZE AND TYPE INVOLVED FOR THE DISTANCE INVOLVED.

SUBSECTION 9.3B OF CIRCULAR NO. A-56 PROVIDES THAT WHEN A MOBILE HOME IS TRANSPORTED BY MEANS OTHER THAN A COMMERCIAL CARRIER, SUCH AS WHEN IT IS TOWED BY A PRIVATELY OWNED VEHICLE, AN ALLOWANCE OF 11 CENTS PER MILE IS AUTHORIZED FOR ALL TRANSPORTATION COSTS, INCLUDING FERRY FARES, BRIDGE, ROAD AND TUNNEL TOLLS, AND SIMILAR CHARGES. SUBSECTION 9.3C PROVIDES THAT WHEN A MOBILE HOME IS TRANSPORTED PARTLY BY COMMERCIAL CARRIER AND PARTLY BY PRIVATE MEANS, THE ALLOWANCES IN SECTIONS 9.3A AND 9.3B APPLY TO THE RESPECTIVE PORTIONS OF THE TRANSPORTATION.

THUS, THE STATUTE AND REGULATIONS ABOVE CONTEMPLATE THAT PAYMENT BY THE GOVERNMENT FOR THE TRANSPORTATION OF A HOUSETRAILER BY COMMERCIAL OR BY PRIVATE MEANS IS IN LIEU OF THE TRANSPORTATION OF ANY AND ALL HOUSEHOLD GOODS AND PERSONAL EFFECTS THAT AN EMPLOYEE OTHERWISE WOULD BE ENTITLED TO TRANSPORT AT GOVERNMENT EXPENSE. SEE 51 COMP. GEN. 27 (1971).

FURTHERMORE, A REASONABLE INTERPRETATION OF SECTION 9.3C OF CIRCULAR NO. A-56 COMPELS THE INTERPRETATION THAT THE MIXED METHODS FOR TRANSPORTATION OF A TRAILER THEREIN AUTHORIZED ARE APPLICABLE ONLY TO THE MOVEMENT OF THE TRAILER AND ITS CONTENTS ITSELF, UNDER THE DEFINITION OF A MOBILE HOME AS SET FORTH IN SUBSECTION 1.2G OF THE CIRCULAR AND WOULD COVER SITUATIONS SUCH AS A BREAKDOWN OCCURRING IN CONNECTION WITH THE TRANSPORTATION OF THE TRAILER NECESSITATING THE USE OF ANOTHER MODE FOR COMPLETING THE MOVEMENT. SEE 44 COMP. GEN. 809 (1965); CF. 39 ID. 40 (1959).

IN SITUATIONS SUCH AS THE SUBJECT CASE, WHERE THE FILE INDICATES THAT THE EMPLOYEE HAS BEEN REIMBURSED FOR THE COMMERCIAL TRANSPORTATION OF HIS MOBILE HOMES FROM THE OLD TO THE NEW DUTY STATION UNDER APPLICABLE TARIFF RATES, WHICH ARE BASED ON SIZE AND TYPE OF TRAILER, TO PERMIT PAYMENT ON A MILEAGE BASIS FOR THE SEPARATE MOVEMENT OVER AN EQUAL DISTANCE OF ANY ACCESSORY PARTS DETACHED FROM THE TRAILER WOULD CONTRAVENE THE INTENT OF THE STATUTORY PROVISIONS IN 5 U.S.C. 5724B WHICH LIMIT PAYMENT TO EITHER A MILEAGE ALLOWANCE FOR TRANSPORTATION OF A HOUSETRAILER BY PRIVATE MEANS, OR TO COMMERCIAL TRANSPORTATION AT GOVERNMENT EXPENSE, EXCEPT IN THE LIMITED CIRCUMSTANCES DISCUSSED IN CONNECTION WITH SUBSECTION 9.3C OF THE CIRCULAR, SUPRA.

IT IS THEREFORE CONCLUDED THAT WHERE THE TRANSPORTATION OF A MOBILE HOME IS ACCOMPLISHED BY COMMERCIAL MEANS AT GOVERNMENT EXPENSE, SEPARATE REIMBURSEMENT FOR TRANSPORTATION BY PRIVATE MEANS OF ITEMS WHICH ARE NOT CARRIED INSIDE THE TRAILER IS NOT AUTHORIZED UNDER SECTION 9 OF THE CIRCULAR, WHETHER SUCH ITEMS BE HOUSEHOLD EFFECTS, PERSONAL EFFECTS, APPURTENANCES, OR PARTS OF A TRAILER WHICH HAVE BEEN DETACHED THEREFROM.

SINCE MR. ROBINSON HAS BEEN REIMBURSED FOR THE TRANSPORTATION OF HIS TRAILER AND IS AUTHORIZED REIMBURSEMENT OF THE TRANSPORTATION COSTS OF HIS MOTHER-IN-LAW'S HOUSETRAILER IN ACCORDANCE WITH THE REGULATIONS IN SECTION 9 OF CIRCULAR NO. A-56, HE IS NOT ENTITLED TO REIMBURSEMENT OF THE COST OF RENTING A TRUCK TO CARRY APPURTENANCES OR PARTS OF THE TRAILER WHICH HAVE BEEN DETACHED THEREFROM.

IN QUESTIONING THE SUMS ALREADY REIMBURSED FOR COSTS OF A TRACTOR, WRECKER, AND LOADER - NAMELY (1) $40 FOR THE USE OF A TRACTOR TO MOVE HIS HOME FROM A COUNTRY ROAD TO ITS PERMANENT LOCATION, (2) $21 FOR RENTAL OF A WRECKER TO MOVE MOBILE HOME TO SOLID PAVEMENT, AND (3) $100 FOR THE COST OF RENTING A TD LOADER TO PULL TWO TRAILERS TO THE COUNTRY ROAD - REFERENCE WAS MADE TO OUR DECISIONS IN B-161585, JANUARY 8, 1968, AND B- 169322, APRIL 30, 1970. IN B-161585 WE CONCLUDED THAT THE EXPENSES ARISING FOR THE USE OF A SECOND COMMERCIAL CARRIER TO PLACE ONE'S TRAILER ON A LOT WHEN THE FIRST CARRIER WAS UNABLE TO DO SO, WAS A CARRIER'S TRANSPORTATION CHARGE AND NOT A TOLL OR OTHER TYPE OF FEE AND REIMBURSEMENT FOR THE COST WAS DISALLOWED SINCE THE CLAIMANT HAD BEEN REIMBURSED THE APPLICABLE TARIFF FOR TRANSPORTATION OF A TRAILER OF THE SIZE AND TYPE INVOLVED FOR THE DISTANCE INVOLVED. SEE B-164057, JUNE 5, 1968. THE USE OF A SECOND COMMERCIAL CARRIER IS NOT INVOLVED IN THE PRESENT CASE. IN B-169322 WE HELD THAT A $15 WRECKER SERVICE CHARGE, NECESSARY TO HELP THE CARRIER TRUCK PULL THE TRAILER ONTO THE HIGHWAY FROM ITS PARKING PLACE BECAUSE THE AREA AROUND THE TRAILER HAD BECOME SLICK FROM RAIN, WAS NOT AN EXPENSE OF PREPARING A TRAILER FOR MOVEMENT BUT A PART OF THE TRANSPORTATION EXPENSE AND, THUS, WAS REIMBURSABLE. THUS, THE CLAIMS FOR REIMBURSEMENT OF THE USE OF THE TRACTOR, WRECKER, AND LOADER ARE NOT EXPENSES OF PREPARING THE TRAILERS FOR MOVEMENT NOR DO THEY APPEAR TO BE OTHERWISE PROHIBITED BY SUBSECTION 9.3A(3) OF OMB CIRCULAR NO. A- 56. THE APPLICABLE TARIFF IS MOBILE HOUSING CARRIERS CONFERENCE, INC., AGENT FREIGHT TARIFF NO. 10 F, MF-I:C.C. NO. 25. ITEM 340 OF SUCH TARIFF PERTAINS TO "SPECIAL SERVICE" REFERENCED IN SECTION 9.3A(3) OF OMB CIRCULAR NO. A-56. THE EXTRA EQUIPMENT REQUIRED TO PICKUP OR DELIVERY OF TRAILERS, SUCH AS WRECKER SERVICE, ALTHOUGH INCLUDED WITHIN "ADVANCING CHARGES" UNDER ITEM 30(D) OF FREIGHT TARIFF NO. 10-F, IS NOT INCLUDED IN "SPECIAL SERVICES" UNDER ITEM 340 THEREOF. OUR VIEW IS THAT THE TRACTOR, WRECKER, AND LOADER SERVICE IN THE INSTANT CASE WAS ESSENTIAL TO THE TRANSPORTATION MOVEMENT AND MAY BE PAID. B-169322, APRIL 30, 1970. VIEW OF THE FOREGOING, PAYMENT SHOULD BE MADE IN ACCORDANCE WITH THIS DECISION.