[Claim for Relocation Expenses]

An authorized certifying officer requested a determination as to whether an employee of the Soil Conservation Service (SCS) was entitled to reimbursement of real estate expenses incurred in the sale of his residence at his old duty station, before he received actual notice of his transfer. The employee in question had been a manager for a project that was canceled because of a lack of funds from the local jurisdiction. The employee was told by the agency that there was no other work for him in that State. On the basis of this advice and continuing indications that, since his job was no longer needed, he would eventually have to be transferred, the employee began to seek a new position within SCS. At this time, he also put his house on the market. The employee sold his house 1 month before he accepted a new position in another State. GAO stated that the Government is authorized to pay the real estate transaction expenses of employees who transfer in the interest of the Government; expenses incurred in anticipation of such a transfer may be paid only if administrative intent to transfer exists at the time the expenses are incurred. In the absence of travel orders, GAO stated that where the totality of circumstances leads an employee to believe that he will be transferred, and he actually is transferred, there is substantial compliance with the requirement for a clearly evident intention to transfer the employee as to permit reimbursement. In this case, GAO found that such a totality of circumstances did exist. Accordingly, the claim for residence transaction expenses was allowed.