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B-199957 1 (1981-08-17)

handle is hein.gao/gaobadjqs0001 and id is 1 raw text is: 



DECISION K





FILE:  B-199957


MATTER C


DIGEST:


THE COMPTROLLER  NERAL
OF THE UNITEO STATES.
WASHINGTON.  . C. 20548




      DATE:  August 17, 1981


3F: Teofil Swiontek - Fly America -
    Travel Agent

1. Where agency confirms fact that
    it was essential to mission of
    the agency that employee report
    for temporary duty at specific
    time, and no American air carrier
    provided the necessary service,
    use of a foreign air carrier for
    trip to temporary duty location
    does not violate Fly America
    Act. An agency determination
    that an American air carrier can-
    not meet its transportation needs
    will not be questioned by this
    Office unless arbitrary or
    capricious. 59 Comp. Gen. 66
    (1979).


         2. Although use of foreign air
            carrier is justified for trip
            to temporary duty location,
            employee incurred penalty for
            use of foreign air carrier for
            return trip, to be computed under
            formula in 56 Comp. Gen. 209
            (1977), in the absence of satis-
            factory proof of the necessity
            therefor.

        3. Employee was unaware of restric-
            tions on use of travel agents
            and agency allowed him to obtain
            his own transportation. To the
            extent otherwise allowable employee
            may be reimbursed for airline
            tickets purchased from a travel
            agent in an amount not to exceed
            the cost of transportation if pur-
            chased directly from the carrier.
            59 Comp. Gen. 433 (1980).





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