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B-199442(DAS) 1 (1981-02-25)

handle is hein.gao/gaobactxm0001 and id is 1 raw text is: 





United States General Accounting Office                      Office of
Washington, DC 20548                                         General Counsel
                                                             In Reply
                                                             Referto: B-199442 (DAS)

                                          February  25, 1981


       Glen F.  Smith
       29 Reunion  Road
       Elkview, West  Virginia  25071   .    ?'t  s  -a

       Dear Mr.  Smith:                                          .

           We  refer to your letter dated June 24,  1980, in which you
       question  the fairness of the method by which  employees are
       assessed  costs of moving household effect  which  exceed 11,000
       pounds.

            Our Office has already considered on many  occasions the
        question you raise as to the method of  computing excess costs
        under the Federal Travel Regulation, paragraph  2-8.3b(5)
        (FPIR 101-7 Mlay 1973). See Jack McGee,  B-199303, August 22,  1980;
        Ronald E. Adams, 8-199545, August 22,  1980; Alan Lee Olson, B-191518,.
        October 10, 1978 (copies enclosed).   In the cited decisions the
        claimants contended that the excess costs  to the employee should
        have been based on the constructive  costs of an 11,000 pound ship-
        ment.  However, our Office determined  that the computations made
        by the agency as set forth in the Federal  Travel Regulations were
        correct and the argumentsby the claimants  were rejected.  The
        reason for this is that the Federal Travel  Regulations have the
        force and effect of law and may not  be waived by the employing
        agency or this office regardless of  any extenuating circumstances.

            You also refer to the claim of Mr.  L. Odell Larson concerning
        this issue.  Mr. Larson's claim was  denied on July 7, 1980, on
        the same grounds as set forth  in this letter.

            As you can see this issue has  already been decided.  However,
        if after reading this information  you still wish to file a claim
        with our Office, you should address  your claim to Claims Group,
        Audit and Fiscal Management Division,  United States General
        Accounting Office, Washington, D.C.   20548.

                                            Sincerely yours,



                                            Robert L. Hliggins
                                            Assistant General Counsel

          EncLosures

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