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![handle is hein.gao/gaobadkyo0001 and id is 1 raw text is:
DECISION K
FILE: B-208630
THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. 0. C. 20548
DATE: March 22, 1983
MATTER OF: Avis Rent A Car - Insurance -
Collision Damage Waiver
DIGEST: Contracting officer of Equal Employment
Opportunity Commission authorized the
rental of an automobile including pay-
ment of collision damage waiver and
personal accident insurance. Rental
agency may not be paid for that part
of invoice pertaining to these insur-
ance items since FTR para. 1-3.2c(1)
prohibits payment for collision damage
insurance, and the same rule applies
to personal accident insurance.
Erroneous acts of Government employees
may not be used as the basis for expan-
sion of the Government's liability
beyond that created by statute or
regulation.
The issue presented in this case is whether a commercial
rental car agency may be paid for collision damage waiver and
personal accident insurance agreed to by a contracting offi-
cer of the Equal Employment Opportunity Commission pursuant
to a rental agreement entered into between the rental agency
and the Commission. For the reasons which follow, the answer
is no.
The matter is presented here in a request for an
advance decision from Ronald P. Passero, an authorized certi-
fying officer of the Equal Employment Opportunity Commission
(EEOC). Avis Rent A Car has submitted an invoice for a rent-
al from January 11 to January 26, 1982, in the amount of
$544.05 which includes $116.25 for collision damage waiver
and personal accident insurance. The vehicle was apparently
used by the EEOC Chairman's Office for local travel while the
car that was normally used was being repaired. The rental
agreement provided for the payment of the insurance waiver.
However, the certifying officer has declined to pay that
portion of the invoice covering the collision damage waiver
and personal accident insurance premiums because payment is
prohibited by Federal Travel Regulations, FPMR 101-7, para.
1-3.2c(1) (September 1981) (FTR). It is this unpaid portion
which Avis is now claiming.
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