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B-208921 1 (1983-04-15)

handle is hein.gao/gaobadlaa0001 and id is 1 raw text is: 7 THE COMPTROLLER GENERAL DECISION *J ,.OF THE UNITED STATES WASHINGTON, 0..C. 20549 VNITS S FILE: B-208921 DATE: April 15, 1983 MATTER OF: Office of CHAMPUS, Department of Defense DIGEST: Agency states that prior to its knowl- edge of our decision in Matter of Bureau of Indian Affairs, 60 Comp. Gen. 181, January 19, 1981, which held that the statutory and regulatory limitations on per diem and actual subsistence rates are applicable to contracts or purchase orders entered into by agencies for lodgings or meals for Government employ- ees, it exceeded the applicable rate limitation on three occasions where it had contracted for lodgings. In view of circumstances described by agency and prior lack of precedent in this area, the Comptroller General will not take exception to the payments made. This action is in response to a request for an advance decision by the Chief, Finance and Accounting Branch of the Office of Civilian Health and Medical Program of the Uniformed Services, Department of Defense (Office), as to that Office's obligation to collect overpayments made as a result of its having exceeded the applicable limitation for the payment of per diem and actual subsistence expenses when it contracted with commercial establishments for lodgings of Government employees. The lodgings were procured in connec- tion with three different conferences which took place between September 15, and December 2, 1981. The Office advises that the overpayments occurred at a time when it was not aware of our decision of January 19, 1981, in Matter of Bureau of Indian Affairs, 60 Comp. Gen. 181, in which we held that the statutory and regulatory limitations on per diem and actual subsistence expense rates are applicable to contracts or purchase orders entered into by agencies for lodgings or meals for Government employees. Under that decision, expenses incurred by the Government on the employee's behalf under a contract for commercial lodgings, together with the per diem or actual subsistence expenses allowed the employee for meals and incidentals, may not exceed the maximum per diem or actual subsistence expense rate prescribed by statute or regulation. 0r, 174 1 /,-IS

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