Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                         _____________________
 
                             March 4, 1999
                         _____________________
 
 
                            GSBCA 14740-RELO
 
 
                     In the Matter of JOHN F. TEFFT
 
 
        John F. Tefft, APO Area Europe, Claimant.
 
        Thomas  P.  Trivisani,  Chief,  Travel  and   Transportation
   Regulations  Section, Traffic  Management Branch,  Transportation
   Division, Department  of  State, Washington,  DC,  appearing  for
   Department of State.
 
   DeGRAFF, Board Judge.
 
        In mid-1996, John F. Tefft, an employee of the Department of
   State  (State), transferred  from  Washington,  D.C.  to  Moscow,
   Russia.   Mr. Tefft knew that  the weight of his  household goods
   was close to 18,000 pounds, which was the agency's maximum weight
   allowance  for goods  to be  shipped and  stored at  the agency's
   expense.   The actual weight  of Mr. Tefft's household  goods was
   19,380 pounds, including 5700 pounds shipped to Russia and 13,680
   pounds stored in the United States.  
 
        In February 1998,  State notified Mr. Tefft  that the actual
   weight of his  shipped and  stored household  goods exceeded  the
   18,000  pound  weight  allowance,  and  told  him  that   he  was
   responsible for  paying the storage  fees for the 1380  pounds of
   goods in  excess of  the allowance.   Mr.  Tefft says  that State
   should have notified him sooner that his household goods exceeded
   the 18,000 pound weight allowance,  so that he could have reduced
   the amount in storage in order to avoid paying the storage  fees.
   State says  that when it knows before goods are shipped that they
   exceed  the  weight allowance,  its  practice  is to  notify  the
   employee of that  fact.  State also says that it  did not know in
   advance  of Mr.  Tefft's shipment  that the  total weight  of his
   household goods exceeded  18,000 pounds.  Mr. Tefft  asks that we
   review State's decision to make him pay the storage fees for 1380
   pounds of household goods.
 
        We agree with State that Mr. Tefft is responsible for paying
   the cost  of shipping  and storing household  goods in  excess of
   18,000 pounds.  The 18,000 pound weight allowance is more than an
   administrative limitation imposed  by the agency.   The allowance
   is  established by  a statute  that permits  agencies to  pay the
   expenses of transporting and storing household goods and personal
   effects "not in excess of  18,000 pounds."  5 U.S.C.   5724(a)(2)
   (1994).  Because the 18,000 pound weight allowance is mandated by
   a statute, neither State nor the Board has the authority to waive
   this limit in order to pay for shipping and storing 19,380 pounds
   of  household  goods  for Mr.  Tefft,  regardless  of  when State
   notified him that his goods exceeded the weight allowance. 
 
 
        We deny Mr. Tefft's claim.
   ____________________________________
 
                                      MARTHA H. DeGRAFF
                                      Board Judge