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B-217564 1 (1986-02-28)

handle is hein.gao/gaobadmfb0001 and id is 1 raw text is: ~Yt, Niir ill B-217564 THE COMPTROLLER GENERAL OF TKW UNITBD Ce'rATEE WASHINGTON. D.C. 00t48 DATE: February 29, 1986 MATTER OF DIGEBT: p. Geor-ge C. Warner - Reconsideration A Comptroller General decision sustained the Claims Group's settlement disallowing a former Agency for International Development employee's claim for additional payments on account of the sale of his automobile overseas, The settlement sustained a Department of State determination under its policy against profiteering to exclude all but the constructive commercial --ranspor- tation cost from the transportation factor of the automobile's acquisition cost. While the former employee claims that additional travel expenses ticurred in personally driving an auto- mobile from Germany to India while en leave should have been included, on review the claim is rejected in view of the authority of local officials to make determinations under this Department of State regulation. A former employee of the Agency for International Devel- opment asks for reconsideration of our decision in GeorgeC. Warner, B-217564, August 13, 1985. Upon reconsideration we cannot pay Mr. W&rner's claim because he hac presented no evidence that our decision was .ased on errors of law, or factual inaccuracies. Facts The matter concerns the Department of State's inter- pretation and implementation of its policy in Foreign Affairs Manual Circular No. 378 (February 1, 1966), against profit-. eering by employees who sell personal property brought into foreign countries under import privileges. The policy is enforced by recovering from the employee the amount by which the salen price of an item of personalty exceeds its acquisi- tion cost. This claim arose from the employee's disagreement with the agency's determination that the Iransportation cost factor in acquiring an automobile did not include actual travel expenses he incurred in driving i: from West Germany to India, The decision was based on a record that provided OCISION FILE: k}.crxty

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