[Protest of Army Corps of Engineers Contract Award for Business Furniture]

B-112251, JANUARY 13, 1953, 32 COMP. GEN. 321

TRANSPORTATION - HOUSEHOLD EFFECTS - COMMUTATION - FIRED TRUCK AND DRIVER - ACTUAL EXPENSES LESS THAN COMMUTED RATE UNDER EXECUTIVE ORDER NO. 10196 WHICH AMENDED EXECUTIVE ORDER NO. 9805 BY PROVIDING FOR REIMBURSEMENT AT THE COMMUTED RATE FOR HOUSEHOLD EFFECTS "ACTUALLY TRANSPORTED," AN EMPLOYEE WHO MOVES HIS HOUSEHOLD EFFECTS IN A HIRED TRUCK WITH DRIVER AND WITH THE AID OF FAMILY AND FRIENDS, INCIDENT TO A PERMANENT CHANGE OF STATION, MAY BE REIMBURSED FOR SUCH MOVEMENT AT THE COMMUTED RATE RATHER THAN ON AN ACTUAL EXPENSE BASIS NOTWITHSTANDING THE EXPENSE INCURRED WAS SUBSTANTIALLY LESS THAN THE COMMUTED RATE.

ACTING COMPTROLLER GENERAL YATES TO CLAUDE A. BROWN, DEPARTMENT OF AGRICULTURE, JANUARY 13, 953:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 3, 1952, A DISBURSEMENT VOUCHERS, TRANSMITTING FOR CONSIDERATION TWO VOUCHERS, ONE IN FAVOR OF JAMES A. CARON, THE OTHER IN FAVOR OF LESTER C. HENDERSON, EMPLOYEES OF THE FOREST SERVICE, DEPARTMENT OF AGRICULTURE, AND REQUESTING A DECISION IN CONNECTION THEREWITH AS TO THE PROPRIETY IN EACH CASE OF CERTIFYING FOR PAYMENT, UNDER EXECUTIVE ORDER NO. 9805, AS AMENDED, THE COMMUTED COST OF TRANSPORTATION OF HOUSEHOLD EFFECTS, INCIDENT TO CHANGE OF OFFICIAL STATIONS WITHIN THE UNITED STATES.

IN THE CASE OF MR. CARON, WHICH INVOLVES A TRAVEL AUTHORIZATION DATED JULY 1, 1952, PROVIDING FOR REIMBURSEMENT OF EXPENSES OF TRANSPORTATION OF HOUSEHOLD EFFECTS, THE EMPLOYEE, ON JULY 5, 1952, MOVED HIS EFFECTS FROM WATERS MEET, MICHIGAN, TO IRONWOOD, MICHIGAN, A DISTANCE OF 54 MILES. THE EMPLOYEE HAS FURNISHED A WEIGHT CERTIFICATE SHOWING THE NET WEIGHT OF THE HOUSEHOLD EFFECTS TO BE 3,800 POUNDS. UNDER SIMILAR ORDERS DATED MAY 19, 1952, MR. HENDERSON, ON JUNE 2, 1952, MOVED HIS HOUSEHOLD EFFECTS FROM PIEDMONT, MISSOURI, TO WILLIAMSVILLE, MISSOURI, A DISTANCE OF 36 MILES. THE WEIGHT OF THE HOUSEHOLD EFFECTS IS SHOWN BY THE CERTIFICATE FURNISHED AS 3,755 POUNDS. IN EACH CASE THE EMPLOYEE UNDERTOOK THE MOVEMENT OF HIS HOUSEHOLD EFFECTS WITH HIRED TRUCK AND DRIVER--- THE PACKING, LOADING, UNLOADING, AND UNPACKING BEING DONE BY THE EMPLOYEE WITH THE ASSISTANCE OF FAMILY AND FRIENDS. AS THE OUT-OF-POCKET EXPENDITURE INCURRED BY MR. CARON, FOR THE USE OF THE TRUCK AND THE SERVICES OF THE DRIVER, AMOUNTED TO $32, WHILE IN THE CASE OF MR. HENDERSON SUCH EXPENSES AMOUNTED TO $12, YOU STATE THAT A DOUBT EXISTS AS TO WHETHER THE CASES ARE WITHIN THE PURVIEW OF EXECUTIVE ORDER NO. 9805, AS AMENDED, THE COMMUTED COST BEING $150.86 IN THE CASE OF MR. CARON, AND $141.56 IN THAT OF MR. HENDERSON. SEE 28 COMP. GEN. 41.

PURSUANT TO THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, DIRECTING THAT IN LIEU OF PAYMENT OF ACTUAL EXPENSES OF TRANSPORTATION OF HOUSEHOLD GOODS AN EMPLOYEE TRANSFERRED WITHIN THE CONTINENTAL UNITED STATES SHALL BE REIMBURSED UPON A COMMUTED BASIS, THERE WAS PROMULGATED EXECUTIVE ORDER NO. 9805. SECTION 12 (A) OF SAID ORDER, AS AMENDED BY EXECUTIVE ORDER NO. 10196, PROVIDES: "THE AMOUNT PAYABLE SHALL BE THE PRODUCT OF THE APPLICABLE RATE AND THE NET WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ACTUALLY TRANSPORTED * * *.' PRIOR TO THE AMENDMENT BY EXECUTIVE ORDER NO. 10196, THE SECTION RESTRICTED THE PAYMENT OF THE COMMUTED SUM TO EFFECTS ,ACTUALLY SHIPPED BY CARRIER FOR THE EMPLOYEE.' THE EFFECT OF THE AMENDMENT WAS RECENTLY CONSIDERED IN A DECISION OF DECEMBER 16, 1952, B-112173, 32 COMP. GEN. 286, AND IT WAS INDICATED THEREIN THAT UNDER SECTION 12 (A), AS AMENDED, THE RESTRICTION TO CARRIER SHIPMENT HAVING BEEN REMOVED, THERE WAS NOT LONGER FOR CONSIDERATION THE QUESTION OF WHETHER THE EXPENSE INCURRED BY THE EMPLOYEE WAS SUBSTANTIALLY THAT OF CARRIED SHIPMENT, THE BASIS OF THE COMMUTED RATE. CONSEQUENTLY, IN BOTH CASES, REIMBURSEMENT MAY BE MADE UPON A COMMUTED BASIS, IN ACCORDANCE WITH THE APPLICABLE SCHEDULED RATE, AND THE VOUCHERS SUBMITTED ARE RETURNED HEREWITH FOR CERTIFICATION IN THE AMOUNT DUE.