B-203319, L/M, MAY 29, 1981, OFFICE OF GENERAL COUNSEL

B-203319, L/M, MAY 29, 1981, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

MS. MEREL P. GLAUBIGER, LEGAL COUNSEL, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES:

IN A LETTER TO OUR OFFICE DATED MAY 14, 1981, YOU ASK FOUR QUESTIONS THAT RELATE TO THE PURCHASE OF AIR TRANSPORTATION BY FACULTY MEMBERS OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES (USUHS) IN ORDER TO ATTEND THE 8TH INTERNATIONAL CONGRESS OF PHARMACOLOGY MEETING IN TOKYO, JAPAN, THIS SUMMER. YOU HAVE REQUESTED AN EXPEDITED REPLY TO ONE OF THESE QUESTIONS - WHETHER THE FACULTY MEMBERS MAY PURCHASE THEIR OWN TRANSPORTATION THROUGH TRAVEL AGENTS AND BE REIMBURSED FOR THIS COST - BECAUSE OF AN ANTICIPATED AIRFARE INCREASE ON JUNE 1, 1981. THEREFORE, WE ADDRESS ONLY THAT QUESTION IN THIS LETTER AND WILL RESPOND TO THE OTHER QUESTIONS AT A LATER DATE.

YOU ADVISE THAT THE USE OF TRAVEL AGENTS IN THIS CASE WILL RESULT IN A SAVINGS TO THE GOVERNMENT. THE TRAVEL AGENT OFFERS A FARE OF $1,188, WHEREAS THE CARRIER'S LEAST EXPENSIVE FARE IS $1,372. YOU ADVISE THAT YOU HAVE PERSONALLY VERIFIED THESE PRICES. YOU STATE THAT USUHS WOULD NOT ISSUE A GOVERNMENT TRANSPORTATION REQUEST (GTR) FOR THESE TICKETS, BUT, RATHER, REIMBURSE THE GOVERNMENT EMPLOYEES FOR THE ACTUAL TRAVEL COST.

THIS OFFICE HAS ISSUED REGULATIONS PUBLISHED IN 4 C.F.R. SEC. 52.3 (1980), WHICH GENERALLY PROHIBIT THE USE OF COMMERCIAL TRAVEL AGENTS TO PROCURE OFFICIAL GOVERNMENT TRAVEL. THIS PROHIBITION IS ESSENTIALLY INCORPORATED IN VOLUME 2 OF THE JOINT TRAVEL REGULATIONS (JTR-2) ISSUED BY THE DEPARTMENT OF DEFENSE FOR THE GUIDANCE OF CIVILIAN PERSONNEL IN THAT DEPARTMENT, AND WHICH COVERS USUHS EMPLOYEES. PARAGRAPH C2207, JTR-2 (OCTOBER 1, 1980).

HOWEVER, THIS OFFICE HAS AUTHORIZED A LIMITED EXCEPTION TO THE PROHIBITION IN CIRCUMSTANCES WHERE THE TRAVEL AGENT'S USE IS ADMINISTRATIVELY DETERMINED TO OFFER SUBSTANTIAL SAVINGS TO THE GOVERNMENT. 47 COMP.GEN. 203 (1967); B-103315, AUGUST 1, 1978. IN THIS REGARD, PARAGRAPH C2208 OF JTR-2 PROVIDES THAT GROUP OR CHARTER ARRANGEMENTS AVAILABLE THROUGH TRAVEL AGENTS MAY BE UTILIZED WHEN SUCH USE WILL NOT INTERFERE WITH THE PERFORMANCE OF OFFICIAL BUSINESS. THE SECTION ALSO STATES THAT IF PAYMENT IS TO BE MADE TO A TRAVEL AGENT, NOT THE CARRIER, A GTR WILL NOT BE USED, AND THE TRAVELER WILL PAY FOR THE TRANSPORTATION AND RECEIVE REIMBURSEMENT FROM THE GOVERNMENT.

ALSO, PARAGRAPH C2252 OF JTR-2 PROVIDES THAT:

"CASH PAYMENT OF OFFICIAL TRANSPORTATION *** IS AUTHORIZED WHEN EMPLOYEES SECURE GROUP OR EXCURSION FARES AVAILABLE THROUGH TRAVEL AGENTS (PAR. 2208); TRAVEL AGENTS MAY NOT OTHERWISE BE USED UNDER THESE CASH PAYMENT PROVISIONS."

IN OUR VIEW, THE JTR-2 PROVISIONS, READ TOGETHER, AUTHORIZE USE OF TRAVEL AGENTS IN LIMITED CIRCUMSTANCES, I.E., WHERE EITHER THE GROUP, CHARTER, OR EXCURSION FARE OFFERED BY THE TRAVEL AGENT RESULTS IN A MONETARY SAVINGS TO THE GOVERNMENT.

HOWEVER, WE NOTE THAT THE PROVISIONS CONTAINED IN JTR-2 ARE SUBJECT TO THE FURTHER REQUIREMENT REPEATEDLY STATED IN DECISIONS OF THIS OFFICE CONCERNING THE USE OF REDUCED FARES OFFERED BY TRAVEL AGENTS AS AN EXCEPTION TO THE GENERAL PROHIBITION AGAINST THE USE OF TRAVEL AGENTS. HAVE IMPOSED THE REQUIREMENT THAT AN ADMINISTRATIVE DETERMINATION BE MADE PRIOR TO THE TRAVEL THAT THE USE OF THE REDUCED FARES WILL RESULT IN A MONETARY SAVINGS TO THE GOVERNMENT AND THAT SUCH USE WILL NOT INTERFERE WITH THE CONDUCT OF OFFICIAL BUSINESS. SEE B-201429, DECEMBER 30, 1980; B-103315, AUGUST 1, 1978; 47 COMP.GEN. 204 (1967). REGARDING PAYMENT FOR THE TICKETS, THIS OFFICE HAS STATED IT HAS NO OBJECTION TO ISSUANCE OF APPROPRIATE TRAVEL ADVANCES TO COVER THE COST OF SUCH PROCUREMENT. COMP.GEN. 204 (1967).

IN VIEW OF THIS PRECEDENT AND THE APPLICABLE JTR-2 PROVISIONS, IF THE REQUISITE ADMINISTRATIVE DETERMINATION IS MADE AND THE STATED PAYMENT PROCEDURE IS FOLLOWED, IT IS OUR OPINION THAT THE FACULTY MEMBERS MAY PURCHASE THEIR TICKETS FROM TRAVEL AGENTS.

WE HOPE THAT THIS IS RESPONSIVE TO THE QUESTION YOU POSED.

DIGEST

USE OF TRAVEL AGENT MAY BE AUTHORIZED TO ARRANGE, GROUP, CHARTER, OR EXCURSION FARES UNDER VOLUME 2 OF JOINT TRAVEL REGULATIONS, PARAGRAPHS 2208 AND 2252, PROVIDED AGENCY MAKES ADMINISTRATIVE DETERMINATION PRIOR TO TRAVEL THAT USE OF REDUCED FARES WILL RESULT IN MONETARY SAVINGS TO GOVERNMENT AND WILL NOT INTERFERE WITH CONDUCT OF OFFICIAL BUSINESS. GOVERNMENT TRANSPORTATION REQUEST SHOULD BE USED; TRAVELER SHOULD PAY CASH AND RECEIVE REIMBURSEMENT FOR COST OF TICKET.