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B-191110 1 (1978-09-25)

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FILE:  B-191110

MATTER OF:


DIGEST:


DATE:


September 25, 1978


Phyllis S. Hutchins - Meals and Lodging


Forest Service, on behalf of summer employees
assigned to temporary duty on forest project in
Maine, requested lodge owner to furnish them
lodging and meals.  Employees received per diem and
all but one paid owner for lodginsg and meals.
Forest Service may not pay owner amount of unpaid
bill since it was personal debt.


     This decision is  in response to a request dated January 10,
1978, from H. Larry Jordan, an authorited certifying officer
of the Department  of Agriculture (DA), for a deciton whether
he may certify Lor  payment a claim from Ms. Phyllis S. Hutchins.
The issue is whether  the Forest Service may pay Ms. Hutchins,
a lodge owner,  the amount of $845.34 for an unpaid  ill for
meals and lodging indurred by a DA employee.

     The record shows  that James E. Moore was a GS-3 Forestry
Aid with the Forest Service from May 15 through June  24, 1976,
and was assigned to  the Spruce Budworm Pilot Control Project
in Maine.  Portsmouth, New Hampshire, was desigrsatea as
Mr. Moore's official station.  He was authorized and paid  per
diem allowance at the rate of $22 per day while he performed
duty at the project.  The only place offering living accom-
modations in the project area was the Oxbow Lodge owned by
Ms. Hutchins.  The entire lodge was occupied for approximately
6 to 8 weeks in the summer of 1976 by Forest Service personnel
involved in the Spruce Bddworm Project.  Ms. Hutc'hins states
that, after 5 weeks of providing meals and lodging to  the
employees without being paid, she contacted the Forest Servic9
office in Upper Darby, Pennsylvania, and was assured  thai she
would re:eive the money owed to her.  Ms. Hutchins also claims
that she was advised by Forest Service personnel that the
summer employees' checks would be held until their food and
lodging bills were paid.  Mr. Moore was the only emplbyee  on
the Spruce Budworm Project who did not pay his bill in full.
Also, the Forest Service paid Mr. Moore the amounts due him  for
per diem when he demanded payment instead of refusing to do so
until Mr. Moore paid Mrs. Hutchin3 for his unpa:d lodging and
meals.  The claim presented here by Ms. Hutchins represents
his unpaid balance.


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