_________________ February 11, 1998 _________________ GSBCA 14284-RELO In the Matter of CARMEN M. ISOLA, II Carmen M. Isola, II, Chapel Hill, NC, Claimant. Bonnie Britt, Chief, Travel Policy Division, Office of Administration, Department of Veterans Affairs, Washington, DC, appearing for Department of Veterans Affairs. VERGILIO, Board Judge. Prior to the claimant s move, the agency made calculations and concluded that a commuted rate method of transportation was not economical to the Government. The agency did not authorize the move under the commuted rate system. The record reveals no impropriety in that determination. The claimant is not entitled to reimbursement under the commuted rate system. The agency's refusal to authorize temporary storage of household goods for an employee's permanent change of station is contrary to statute and implementing regulation. The employee's choice of a "do-it-yourself" move, instead of utilizing a Government-selected mover, does not mean that the employee failed to move at Government expense. With a reporting date of January 5, 1997, to the new duty station, the claimant, Carmen M. Isola, II, changed permanent duty stations within the continental United States. He was entitled to relocation allowances. The claimant requested that his household goods be shipped under the commuted rate method and that temporary storage of household goods be approved. The agency made calculations and concluded that a commuted rate move would not be more economical than use of a Government contract mover. The claimant did not want to utilize Government-provided services and requested to make the move himself. The agency authorized the claimant to transport and store allowable household goods as a do-it-yourself move; it did not authorize the move on the commuted rate basis. Commuted rate The claimant rented trucks and transported his household goods and personal effects, with a weight in excess of 18,000 pounds. He seeks reimbursement for the transportation under the commuted rate schedules; the agency has not paid at the commuted rates. Statute specifies that, in accordance with regulations, when authorized or approved, an agency shall pay the expenses of transporting and temporarily storing (among other activities) household goods and personal effects not in excess of 18,000 pounds net weight. 5 U.S.C.A. 5724(a)(2) (West Supp. 1997). Statute also specifies that instead of paying an employee the actual expenses of transporting and temporarily storing (among other activities) goods and effects, an agency may reimburse on a commuted basis utilizing rates in regulations. 5 U.S.C.A. 5724(c). The Board has compared and contrasted the actual expense and commuted rate methods. Jeffrey P. Herman, GSBCA 13832-RELO, 97-1 BCA 28,704; 41 CFR 302-8.3 (1997). Having made a cost comparison prior to authorizing a do-it- yourself move, the agency concluded that the commuted rate basis was not more economical to the Government than an actual expense move. The claimant, who did not want to utilize a Government- selected mover, opted for a do-it-yourself move. The record reveals no impropriety in the agency s conclusion that payment of actual expenses would be more economical to the Government than payment under the commuted rate method. Accordingly, pursuant to the above-cited law and regulation, the claimant is not entitled to be reimbursed on a commuted rate basis. The claimant may be reimbursed the allowable, incurred costs not to exceed the amount the Government would have incurred had a Government-selected carrier been utilized. 41 CFR 101-40.203-2(d) (1997). Temporary storage of goods The claimant submitted dated receipts which indicate payment for rent and storage on January 15, for storage on January 22, and for rent and storage for each of the months of February through August, inclusive. The claimant seeks reimbursement for the storage of household goods and effects for six months. Under agency guidelines, with a do-it-yourself move an employee is reimbursed incurred, allowable expenses, but is precluded from being reimbursed for the temporary storage of household goods. The agency views a do-it-yourself move as not occurring at Government expense, such that payment for temporary storage is precluded under the Federal Travel Regulation (FTR), 41 CFR 302-8.5(a) (1997). The agency has not paid the requested costs of temporary storage. The statute and implementing regulations provide for Government payment for the temporary storage of goods and effects. The entitlement to reimbursement is not altered because the actual expense method or a do-it-yourself move is involved. The agency s rationale for disallowing recovery of temporary storage expenses (because the transportation did not occur at Government expense) is flawed: the transportation of goods and effects not in excess of 18,000 pounds did occur at Government expense.[foot #] 1 Thus, should the agency conclude that goods and effects were temporarily stored, the employee may be reimbursed for his actual expenses (exclusive of charges for excess weight, if any), 41 CFR 302-8.5, for the appropriate period of time (not to exceed ninety days unless appropriately extended). 41 CFR 302-8.2(d). ----------- FOOTNOTE BEGINS --------- [foot #] 1 While the FTR is silent on reimbursement for a do-it-yourself move when the commuted rate system is not approved, the Federal Property Management Regulations (FPMR), 41 CFR Subpart 101-40.2, also issued by the Administrator of General Services, contain procedures for the movement of household goods. The FPMR make explicit that an employee is entitled to be reimbursed for moving expenses in such circumstances, such that the transportation does occur at Government expense. A revision to the FTR, which incorporates in fact, or by reference, the applicable provisions of the FPMR would alert agency personnel to the full set of regulations to consider when authorizing and approving relocation expenses. ----------- FOOTNOTE ENDS ----------- 3 ____________________________ JOSEPH A. VERGILIO Board Judge