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B-261141 1 (1995-11-09)

handle is hein.gao/gaocrptacbe0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision




Matter of: Debra Dreisbach

File:       B-261141

Date:       November 9, 1995

DIGEST

An employee on a temporary duty assignment had a government-owned car, which
had broken down, towed to a car dealership. The dealership arranged for the
employee to use a rental car provided through its contract with a local car rental
agency. Based on advice given to her by her supervisor, the employee purchased
collision damage waiver insurance and now seeks reimbursement. The claim may
not be paid. The Federal Travel Regulation expressly prohibits reimbursement to
employees for such insurance. The erroneous advice of an agency official may not
serve as the basis of a claim otherwise prohibited by law.

DECISION

The United States Department of Agriculture asks whether Special Agent Debra
Dreisbach may be reimbursed for the cost of insurance she purchased incident to
renting a vehicle while on official business. She may not.

BACKGROUND

On June 20, 1994, Ms. Dreisbach was returning from a temporary duty assignment in
New Jersey to her official duty station in Hyattsville, Maryland, when the General
Services Administration (GSA) vehicle to which she was assigned broke down
outside of Philadelphia, Pennsylvania. She called her supervisor, who instructed her
to call GSA, which advised her to have the car towed to Pacifico Ford in
Philadelphia for repair. After doing so, her agency arranged for her to pick up
another GSA car at the agency's King of Prussia, Pennsylvania office.

On July 11, 1994, Ms. Dreisbach was required to return the GSA vehicle to the King
of Prussia office. Pacifico Ford then offered to provide a rental vehicle to
Ms. Dreisbach at no cost until her assigned vehicle could be repaired.

Pacifico arranged for this vehicle through its contract with Enterprise Rent-A-Car,
which also has a contract with the government. Enterprise's contract with Pacifico


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