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B-194294 1 (1979-07-12)

handle is hein.gao/gaobadhke0001 and id is 1 raw text is: 



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THE  COMPTROLLER GENERAL
OF   THE UNITEO STATES
WASHINGTON, D.C. 20548


FILE:  B-194294                     DATE:  JUly 12, 1979

MATTER OF:      James M. Ashleyf-(storage of charges of
                Government autotabile

DIGEST:     Bill submitted by employee for storing Government
            vehicle in his driveway while awaiting sale of
            vehicle by General Services Administration may be
            paid on quantum meruit basis as benefit accepted
            by the Government provided certifying officer
            finds that local administrator had proper .con-
            tracting authority to obligate Government to pay
            for storage of vehicle or, if local administrator
            lacked such authority, that his action was ratified
            by a proper contracting official.


     A Finance Officer, Animal and Plant Health Inspection Service,
United States Department of Agriculture, asks whether James M. Ashley,
an employee of the service now retired, may be paid $450 for storing
a Government vehicle in his driveway for 5 months. (The vehicle was
actually stored for 15 months, but Mr. Ashley is only claiming payment
for $450 at $3 per day, which amounts to 5 months'storage.)

     Government Vehicle No. V-05261 was assigned to Mr. Ashley for
his work and he was authorized to park the automobile in the drive-
way of his residence in Elkview, West Virginia. On October 12, 1977,
Mr. Ashley was in an automobile accident, and he had the vehicle towed
to a repair garage.  Because of extensive damage to the Government
vehicle and the vehicle's high mileage (82,000 miles), an admini-
strative officer of the Agriculture Department in Hyattsville, Maryland,
determined that the automobile was to be sold and not repaired, and .
ordered the damaged vehicle to be towed from the garage to Mr. Ashley's
driveway, to be held there until arrangements could be made to sell it.

     The sale was to be handled by the General Services Administra-
 tion (GSA), but the Animal and Plant Health Inspection Service was
 responsible for the automobile until the sale. We have been advised
 that the vehicle was towed to Mr. Ashley's home because no Government-
 owned space was available for storage. Under the circumstances, the
 procedure followed by the Animal and Plant Health Inspection Service
 was to store the damaged automobile on the property of the employee
 who had been authorized to use the vehicle for work and who drove
 the vehicle when the accident occurred.

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