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B-265989 1 (1996-03-15)

handle is hein.gao/gaocrptadtr0001 and id is 1 raw text is: 




GAO            United States
               General Accounting Office
               Washington, D.C. 20548

               Office of the General Counsel




               B-265989


               March 15, 1996



               Mr. Frederick N. Whiteside
               Manager, Accounting Operations Division
               U.S. Department of Transportation
               Federal Aviation Administration
               800 Independence Ave., S.W.
               Washington, DC 20591

               Dear Mr. Whiteside:

               This is in response to your request for our opinion on whether or not agencies may
               certify claims for payment involving brokers' commissions in excess of the
               customary rate if it can be proven that payment of the higher rate clearly resulted
               in a savings to the government.

               In the present case, Mr. James D. Erickson, an employee of the Federal Aviation
               Administration (FAA) executed a permanent change-of-station (PCS) move from
               Fort Worth, Texas, to Washington, D.C. under orders with a reporting date of
               March 28, 1995. Upon notification of his impending PCS, Mr. Erickson entered into
               an agreement with a real estate broker for sale of his residence. The terms of the
               listing agreement included a sales commission of 6 percent plus a 1 percent offering
               as a bonus to the selling broker. Mr. Erickson submitted a claim to FAA for $7,175
               in sales commissions along with other expenses associated with the sale of his
               home. Of this amount, $1,025 was rejected because it exceeded 6 percent, the
               customary rate for Fort Worth. The customary rate was verified with the
               Comptroller for the Housing and Urban Development Office in Fort Worth.

               According to Mr. Erickson, his claim for the additional fee is justified on the basis
               of the savings that accrued to the government by avoiding the use of the relocation
               contract. Your letter states that a computation of savings would involve a
               comparison of the amount that would have incurred by using a relocation services
               contract to the amount of expense paid to Mr. Erickson, including the applicable
               Relocation Income Tax Allowance.


149311

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