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B-202599 1 (1981-09-29)

handle is hein.gao/gaobadjtu0001 and id is 1 raw text is: THE COMPTROLLER OENERAL DECISION OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-202599 DATE: September 29, 1981 MATTER OF: Jasinder S. Jaspal and Claude A. Goode--Fly America Act--Travelers' Liability DIGEST: Employees who travel overseas on foreign air carrier when service by U.S. air carriers is available in violation of Fly America Act are personally liable for cost even though they may have been ignorant of the Act and relied upon arrangements made by Government contractor. However, if contract contains provision by which contractor may be held accountable for such scheduling errors, employee's liability may be shifted to contractor. The authorized certifying officer for the Chicago Opera- tions and Regional Office, Department of Energy (DOE), has asked whether Mr. Jasinder S. Jaspal and Mr. Claude A. Goode may be reimbursed for certain transoceanic portions of their air travel to and from the United States via foreign air carriers although U.S. air carrier service was available. The issue in this case is whether the DOE employees may be relieved of liability for travel by foreign air carriers because the flights in question were booked by a DOE con- tractor. We find that the fact that travel arrangements were made for a Government traveler does not amount to adequate justification for use of a foreign air carrier under 49 U.S.C. 1517, as amended, commonly referred to as the Fly America Act. The chief of the Production Branch, Mr. Goode, and one of his mining engineers, Mr. Jaspal, both from the Pittsburgh Mining Technology Center, DOE, were scheduled to travel together to visit certain mines and factories abroad which were the subject of a DOE contract. Boeing, Services Int., a DOE contractor responsible for booking transportation for DOE employees, made travel arrangements for Mr. Goode and Mr. Jaspal and booked them on the same foreign air carriers for the portions of the trip from New York to London and return. Although the travelers were originally scheduled on the supersonic foreign air carrier, Concorde, from New York to London, the Government Travel Request (GTR) did not authorize payment of the amount by which the Concorde fare exceeded the regular economy fare. Upon arriving at the airport and finding they would otherwise be responsible for the substantial fare differential, the employees rescheduled

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