B-190576, FEB 10, 1978
Highlights
IT IS ENTITLED TO PAYMENT FOR SERVICES RENDERED. NOTWITHSTANDING FACT THAT TRANSPORTATION WAS NOT AUTHORIZED. THE AUTHORIZATION WAS ISSUED BY THE ADMINISTRATIVE OFFICE BECAUSE OF ITS UNDERSTANDING THAT MS. SILVASI WAS A GOVERNMENT EMPLOYEE AS DEFINED IN 5 U.S.C. 5712(2) (1970). IT WAS LATER DETERMINED BY THE ADMINISTRATIVE OFFICE THAT MS. SILVASI WAS NOT A GOVERNMENT EMPLOYEE PRIOR TO HER APPOINTMENT AND THAT THEREFORE SHE WAS NOT ENTITLED TO RELOCATION ALLOWANCES. NONE HAVE BEEN PAID TO HER AND THE AUTHORIZATION FOR TRAVEL ALLOWANCES WAS RESCINDED. IT IS THE PROPRIETY OF PAYING THIS CLAIM THAT IS IN CONTENTION HERE. FROM THE FISCAL YEAR 1977 APPROPRIATION WHICH WOULD HAVE BEEN AVAILABLE FOR RELOCATION ALLOWANCES.
B-190576, FEB 10, 1978
WHERE CARRIER, IN GOOD FAITH AND WITHOUT NEGLIGENCE, HAS FURNISHED TRANSPORTATION UNDER GOVERNMENT BILL OF LADING, TRANSPORTATION REQUEST, OR OTHER CONTRACTUAL ARRANGEMENT, IT IS ENTITLED TO PAYMENT FOR SERVICES RENDERED, NOTWITHSTANDING FACT THAT TRANSPORTATION WAS NOT AUTHORIZED, AND IRRESPECTIVE OF WHETHER COLLECTION CAN BE MADE FROM INDIVIDUAL BENEFITING FROM THE SERVICE.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS - TRANSPORTATION OF HOUSEHOLD EFFECTS:
THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS (ADMINISTRATIVE OFFICE), REQUESTS AN ADVANCE DECISION AS TO THE PROPRIETY OF DISBURSING APPROPRIATED FUNDS TO PAY A CLAIM BY AERO MAYFLOWER TRANSIT COMPANY, INC. (AERO MAYFLOWER), FOR TRANSPORTATION CHARGES. THE TRANSPORTATION CHARGES REPRESENT THE COST OF TRANSPORTING THE HOUSEHOLD EFFECTS OF NORMA JEAN SILVASI FROM WHITING, INDIANA, TO CEDAR RAPIDS, IOWA, UNDER GOVERNMENT BILL OF LADING (GBL) NO. L 0656622, DATED OCTOBER 1977.
THE ADMINISTRATIVE OFFICE ISSUED AN AUTHORIZATION ON OCTOBER 18, 1976, ENTITLING MS. SILVASI TO CLAIM RELOCATION ALLOWANCES INCIDENT TO HER MOVE TO ACCEPT AN APPOINTMENT AS SECRETARY TO THE CHIEF JUDGE OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA. THE AUTHORIZATION WAS ISSUED BY THE ADMINISTRATIVE OFFICE BECAUSE OF ITS UNDERSTANDING THAT MS. SILVASI WAS A GOVERNMENT EMPLOYEE AS DEFINED IN 5 U.S.C. 5712(2) (1970), AND THEREFORE ENTITLED TO RELOCATION ALLOWANCES IN 5 U.S.C. 5724 (1970).
IT WAS LATER DETERMINED BY THE ADMINISTRATIVE OFFICE THAT MS. SILVASI WAS NOT A GOVERNMENT EMPLOYEE PRIOR TO HER APPOINTMENT AND THAT THEREFORE SHE WAS NOT ENTITLED TO RELOCATION ALLOWANCES. NONE HAVE BEEN PAID TO HER AND THE AUTHORIZATION FOR TRAVEL ALLOWANCES WAS RESCINDED. HOWEVER, AERO MAYFLOWER HAS PRESENTED ITS CLAIM FOR $769.04, THE COST OF TRANSPORTING HER HOUSEHOLD EFFECTS, AND IT IS THE PROPRIETY OF PAYING THIS CLAIM THAT IS IN CONTENTION HERE.
THE ADMINISTRATIVE OFFICE POSES THE FOLLOWING QUESTION:
"MAY THE ADMINISTRATIVE OFFICE OBLIGATE AND DISBURSE, FROM THE FISCAL YEAR 1977 APPROPRIATION WHICH WOULD HAVE BEEN AVAILABLE FOR RELOCATION ALLOWANCES, THE SUM OF $769.04 TO PAY THE TRANSPORTATION CHARGES CLAIMED BY AERO MAYFLOWER TRANSIT COMPANY, INC., FOR SERVICES RENDERED IN RESPONSE TO THE ISSUANCE OF GOVERNMENT BILL OF LADING NO. L O,656,622, SUBJECT TO THE UNDERSTANDING THAT, AFTER PAYMENT TO AERO MAYFLOWER, THE ADMINISTRATIVE OFFICE WILL TAKE NECESSARY ACTION IN ACCORDANCE WITH 5 U.S.C. SEC. 5514 (1970) TO RECOVER THE FULL AMOUNT FROM MS. NORMA JEAN SILVASI, ON WHOSE BEHALF THE TRANSPORTATION SERVICES WERE PROVIDED?"
IN 25 COMP. DEC. 812 (1919), IT WAS HELD THAT "THE AGENTS OF TRANSPORTATION COMPANIES CANNOT BE ACQUAINTED WITH THE OFFICERS AND EMPLOYEES OF THE GOVERNMENT, AND A REQUEST IF IN PROPER FORM AND APPARENTLY GOOD UPON ITS FACE, WITHOUT ERASURE OR ALTERATION, MAY BE HONORED ACCORDINGLY, THUS INVOLVING THE GOVERNMENT IN THE PAYMENT FOR THE SERVICES INDICATED THEREON." AND THIS OFFICE LONG HAS HELD THAT WHERE A CARRIER, IN GOOD FAITH AND WITHOUT NEGLIGENCE, HAS FURNISHED TRANSPORTATION UNDER A GOVERNMENT BILL OF LADING, TRANSPORTATION REQUEST, OR OTHER CONTRACTUAL ARRANGEMENT, IT IS ENTITLED TO PAYMENT FOR THE SERVICES RENDERED, NOTWITHSTANDING THE FACT THAT THE TRANSPORTATION WAS NOT AUTHORIZED, AND IRRESPECTIVE OF WHETHER COLLECTION CAN BE MADE FROM THE INDIVIDUAL BENEFITING FROM THE SERVICES. 4 COMP.GEN. 630 (1925); 14 COMP.GEN. 631 (1935); 21 COMP.GEN. 559 (1941); 25 COMP.GEN. 360 (1945); CF. 48 COMP.GEN. 773, 774 (1969).
THE RECORD SHOWS THAT THE ADMINISTRATIVE OFFICE'S CONTRACTING OFFICER DID HAVE AUTHORITY TO ISSUE GBL'S FOR TRANSPORTATION SERVICES FOR THE ACCOUNT OF THE UNITED STATES. AND THERE IS AN APPROPRIATION INDICATED ON THE GBL WHICH APPARENTLY IS AVAILABLE TO PAY FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS. FURTHER, AERO MAYFLOWER APPARENTLY ACTED IN GOOD FAITH AND WITHOUT NEGLIGENCE WHEN IT ACCEPTED THE GBL AS TENDERED. SEE, ALSO, 49 U.S.C. 66 (A) (SUPP. V, 1975), WHICH PROVIDES, AMONG OTHER THINGS, THAT: "PAYMENT FOR TRANSPORTATION OF PERSONS OR PROPERTY FOR ON OR BEHALF OF THE UNITED STATES BY ANY CARRIER OR FORWARDER SHALL BE MADE UPON PRESENTATION OF BILLS THEREFOR PRIOR TO AUDIT BY THE GENERAL SERVICES ADMINISTRATION, OR HIS DESIGNEE."
ACCORDINGLY, THE VOUCHER OF AERO MAYFLOWER, WHICH IS BEING RETURNED TO THE ADMINISTRATIVE OFFICE, MAY BE CERTIFIED FOR PAYMENT OF $769.04, IF OTHERWISE CORRECT. AFTER PAYMENT, THE AMOUNT PAID SHOULD BE COLLECTED FROM MS. SILVASI IN THE USUAL MANNER UNDER THE PROVISIONS OF 5 U.S.C. 5514 (1970).