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B-200750 1 (1981-08-04)

handle is hein.gao/gaobadjpl0001 and id is 1 raw text is: DECII! FILE: B-2 MATTER C DIGEST: 4rHE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 DATE: August 4, 1981 ON 00750 Robert L. Singson - Per Diem - 2F: Lodgings Furnished by Government 1. Ordinarily when a Government contracting officer arranges to have a hotel room made available at no charge to an employee traveling on temporary duty, he is essen- tially acting as the employee's agent. Since a contracting officer may not do indirectly for an employee that which a statute or regulation forbids the employee from doing directly, in such circumstances the lodging expenses incurred by the Governmenb together with the per diem allowed the employee for meals and inci- dentals may not exceed the maximum per diem rate prescribed by statute or regulation. B-195133, January 19, 1981, 60 Comp. Gen. 2. Occasionally, th6 Government may be required to purchase or lease quarters for rent-free use by employees on tem- porary duty because, commercial lodgings are unavailable or unsuitable. The expenses incurred in obtaining and main- taining the Government-controlled quarters in those situations need not be taken into account in establishing a per diem rate to cover an employee's meals and incidental expenses. If a special flat per diem rate is not established, the amount payable is the allowance prescribed by the Federal Travel Regulations for meals and incidental expenses under the lodgings-plus system of computing per diem. 3. The Department of the Interior leased camp trailers in the summer of 1980 for use by employees detailed to a drilling project in Wyoming. Department officials reasoned that because the Government's average daily expense for providing a trailer was computed at $21 and the maximum statutory per diem rate was then $35, the cash per diem allowable Il r

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