Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

 

 

                          ____________________

 

                            August 25, 2000

                          ____________________

 

 

                            GSBCA 15249-TRAV

 

 

                    In the Matter of HAROLD L. REID

 

 

        Harold L. Reid, Apple Valley, CA, Claimant.

 

        Charles  N. Stockwell, Directorate of Travel and Vendor Pay,

   Defense Finance and Accounting Service, Denver, CO, appearing for

   Department of Defense.

 

   HYATT, Board Judge.

 

        Claimant,  Harold  L.  Reid,  a  civilian  employee  of  the

   Department  of  the Air  Force,    traveled  by air  on  official

   business  from Ontario,  California  to  Oakland,  California  on

   August 2, 1999, returning on  August 3, 1999.  Claimant purchased

   his airline tickets from  his local travel agent at a  lower cost

   than the Government rate.  His travel orders specifically stated:

    Special authorization  for member  to purchase  his own  airline

   ticket so long as the price does not exceed that normally paid by

   the U.S. Government for the same service.    

 

        When claimant returned  from travel and processed  a voucher

   for payment  of expenses, he was told  that his airfare could not

   be reimbursed because he did not purchase his tickets through the

   Government travel  agency.  In  support of this position  the Air

   Force cites Joint Travel Regulations (JTR) provision C2207, which

   states  that in arranging official travel, employees are required

   to use commercial travel offices  (CTOs) under contract to  their

   respective organizations,  in-house travel  offices, and  General

   Services Administration  (GSA) travel management  centers (TMCs).

   When an  employee purchases  transportation from  a source  other

   than  those  authorized  by  regulation,  reimbursement  will  be

   permitted  only if  the employee provides  acceptable information

   that the services  of the CTO,  in-house travel office, or  a TMC

   were not reasonably available.   The version of this provision to

   which the agency refers was in effect as of June 1, 1998. 

 

        The Federal  Travel Regulation (FTR) was revised  in 1998 to

   provide  that employees  are to  use the  services of  a contract

   travel agency if  their agency has such a  contract, or otherwise

   arrange travel  in accordance with  the agency's policy.   41 CFR

   301-50.1 (1999).   When an  employee uses an  unauthorized travel

   agent   or  travel  management   system,  the  employee   may  be

   reimbursed,  but is responsible for any additional costs incurred

   that result  from the unauthorized  use of a  non-contract travel

   agent  and may  be subject  to such  penalties as the  agency may

   impose.  41 CFR 301-50.2. 

 

 

        Effective  June 1, 1999, JTR C2207  was revised.   Subpart A

   continues to  provide that  employees  must  use the  services of

   CTOs under  contract to their respective  organizations, in-house

   travel  offices, or TMCs.  Subpart B,  however, now states that a

   non-contract  carrier or travel agency  may be used under certain

   conditions,  but that  such use  must be  approved by  the order-

   issuing  official.    Subpart  B1 further  provides  that  a non-

   contract travel agency may be used in unusual circumstances where

   there is  no alternative.   A note preceding this  subpart states

   that  the  employee  must  demonstrate  that use  of  a  CTO  was

   attempted.   When this is  the case, reimbursement is  limited to

   the amount the  employee would have paid if  the arrangements had

   been  made directly through the contract carrier.  The regulation

   does not state  what the consequences  are should a  non-contract

   travel agent be used to procure tickets for official travel.

 

        Although  claimant's use of a non-contract travel agency was

   authorized, the  record here  does not  reflect whether  claimant

   attempted unsuccessfully to use the CTO or whether no alternative

   to  use of  a non-contract  travel agent  was available  for this

   travel.  In  Manuel F. Casiano, GSBCA 15304-TRAV  (June 5, 2000),

   however,  we recognized  that the  JTR does  not address  how the

   failure to use a contract travel agent would impact reimbursement

   of costs.   As a result, we applied  the pertinent FTR provision,

   which is  applicable  to all  civilian  employees of  the  United

   States  Government, including those employed by the Department of

   Defense.  This  provision permits reimbursement of  costs limited

   to what  the Government  would have paid  if the  contract travel

   agent had been used.  Here, claimant's ticket cost less  than the

   contract fare.   Accordingly, Mr.  Reid should be  reimbursed for

   the cost of his ticket.  

   ___________________________

 

                                           CATHERINE B. HYATT

                                           Board Judge