Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
                              ___________
                              June 2, 1998
                              ___________
 
 
                            GSBCA 14476-TRAV
 
                   In the Matter of RANDY A. MOSELEY
 
        Randy A. Moseley, Mesquite, TX, Claimant.
 
        A.  Thomas Park,  Chief, Finance  Division, Federal  Highway
   Administration,  Washington,  DC,  appearing  for  Department  of
   Transportation.
   VERGILIO, Board Judge.
 
             The claimant,  who,  for  temporary  duty  travel,
        purchased  an  airline  ticket  from  a  non-Government
        contract  travel agent, may  not be reimbursed  for the
        ticket   price.    The   claimant  was  aware   of  the
        limitations on reimbursement, already having received a
        one-time  exception as  an  infrequent traveler.    The
        purchase of the ticket was not inadvertent.  The record
        does  not  demonstrate   that  the   traveler  had   no
        alternative to the purchase.
 
        For temporary duty  travel, the claimant, Randy  A. Moseley,
   purchased  a round  trip ticket  for $284  from a  non-Government
   contract travel agent.   He made the purchase on July 2, 1996 (on
   the day he signed his travel authorization), for travel on August
   3  and  6, utilizing  his  own  funds.    The agency  has  denied
   reimbursement  because  the  claimant  utilized  an  unauthorized
   travel agent and  was not authorized to pay for  the tickets with
   other than the agency's credit account.  The agency noted that it
   could  not apply an  "infrequent traveler" exception  because the
   claimant is a frequent travel, who had previously utilized a one-
   time  exception and  was  then notified  of  the restrictions  of
   purchases and limitations on reimbursement.
        The services of a  travel agent may not be used by executive
   agencies except  as specifically  provided.   41 CFR  301-15.3(b)
   (1995).   The claimant was not  authorized to use a  travel agent
   not under contract  with the Government.  This  claimant was made
   aware of  the restrictions when  earlier he had  received payment
   under  an "infrequent traveler" exception.  41 CFR 301-15.3(b)(3)
   and 301-3.4(b).   Even if  the infrequent traveler  exception, 41
   CFR   301-3.4(b)(ii)   (found   under   the   headings    special
   fares/reduced  rates) potentially  applies to  this  claimant, it
   does not help the claimant.  The provision specifies that after a
   traveler has utilized  a one-time exception, "recurrence  of such
   use  of  travel agents  will  result in  denial  of reimbursement
   unless  it  can   be  demonstrated  that  the  traveler   had  no
   alternative."
        The agency properly  disallowed the requested reimbursement.
   The  use of  a  non-Government  contract  travel  agent  was  not
   inadvertent.  Moreover, the record does not demonstrate that  "no
   alternative" existed to the actual  purchase.  Rather, given  the
   one-month period between purchase and travel, it appears that the
   claimant could have purchased  a round trip ticket in  accordance
   with the regulation.  The regulation specifies that reimbursement
   will be denied in such circumstances.
 
 
 
                                 ____________________________
                                 JOSEPH A. VERGILIO
                                 Board Judge