Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405







                      _____________________



                        November 19, 2004         

                      _____________________       





                         GSBCA 16478-TRAV





               In the Matter of CHRISTINE A. MARTIN





     Christine A. Martin, Arlington, VA, Claimant.



     Judy Hughes, Travel Policy Services, Defense Finance and Accounting Service,

Columbus, OH, appearing for Department of Defense.



BORWICK, Board Judge.



     In this matter the Department of the Navy, agency, sent claimant on an extended

temporary duty (TDY) assignment.  At her TDY station, claimant rented an apartment and

paid an apartment application fee, a move-in amenity fee, and a furniture delivery fee. 

Claimant submitted a voucher to the agency for reimbursement of those fees and the agency

denied reimbursement.  Claimant contests the agency's denial at the Board.  



     The agency acted correctly in denying reimbursement of the fees.  Under the Federal

Travel Regulation (FTR) and the Joint Travel Regulations (JTR), those fees are payable as

part of the lodging per diem.  Since the agency had reimbursed claimant the maximum

allowable lodging amount for the period in which she incurred the expenses, she is not

entitled to a greater payment.  Those fees are not payable as miscellaneous expenses.  



                            Background  



     In January 2004, the agency authorized claimant TDY travel, between January 26 and

February 21, 2004, from her permanent duty station in San Diego, California, to The

Pentagon in Washington, D.C.  The agency then issued another authorization to claimant to

extend her TDY in Washington, D.C., for an additional 221 days.  The authorization allowed

per diem "in accordance with the JTR."  



     The agency determined that the appropriate maximum per diem payment was $111

by taking fifty-five percent of the locality rate for Washington, D.C. ($150 lodging and $51

for meals and incidental expenses (M&IE)).  [Foot # 1 ] 



****************** Footnote Begin **********

[Foot # 1 ]        The $111 is a rounded-off figure.  Fifty-five percent of $161 is actually

$110.55.

****************** Footnote End ************





     Claimant signed a one-year lease for an apartment in a suburb of Washington, D.C.,

and paid the landlord a $300 non-refundable move-in amenity fee.  She also paid a $50 non-

refundable apartment application fee and a $75 furniture delivery fee.  



     In a voucher dated March 8, 2004, claimant submitted a request for reimbursement

of the fees as separate miscellaneous expenses.  The agency denied reimbursement of these

expenses, explaining in an e-mail message to claimant that all of these expenses would be

considered part of the lodging cost and therefore covered under the reduced fifty-five percent

per diem rate, so they could not be paid as part of the miscellaneous expense reimbursement. 

Since the agency had reimbursed claimant the maximum lodging amount, she was not

entitled to a greater lodging reimbursement.  



                            Discussion



     Claimant seeks reimbursement of three fees the apartment application fee, the move-

in amenity fee, and the furniture delivery fee. 



     The agency authorized claimant long-term travel for more than 180 days.  Under the

JTR, for such extended TDY, the agency reimburses claimant for lodging and M&IE at fifty-

five percent of the applicable standard lodging and M&IE rate, rounded to the nearest dollar. 

JTR C4552-I, C4560, C4561-D (Jan. 1, 2004).  Lodging and M&IE reimbursement for

extended TDY at fifty-five percent of the full rate is required by regulation, in the absence

of contrary determination by designated officials.  Anthony L. Pressley, GSBCA 14309-

TRAV, 98-1 BCA   29,696.  



     When an employee rents lodging on a long-term basis, the daily lodging rate is

computed by dividing the total lodging cost by the number of days of occupancy in the rental

period.  Expenses of lodging include the rental cost for a furnished dwelling, or, if

unfurnished, the cost of appropriate and necessary furniture and appliances, utility

connect/disconnect cost, cost of reasonable maid fees and cleaning services, monthly

telephone fees, and if ordinarily included in a hotel room in the area, special user fees such

as cable TV charges and plug-in charges for automobile head bolt heaters.  41 CFR 301-

11.15 (2003).  Reimbursement, however, may not exceed the maximum daily per diem rate

for the TDY location.  41 CFR 301-11.14.  In this case that maximum per diem rate was

$111.  



     Case law has recognized that in the context of a permanent change of station transfer

and extended TDY assignments, rental application fees and a furniture delivery charge may

be reimbursed as elements of the lodging expense reimbursement.  Valerie E. Taylor, B-

257744 (Feb. 9, 1996); Tita D. Corpuz, B-256576 (Jan. 17, 1996); 41 CFR 301-11.14.  Here,

the agency had reimbursed claimant for lodging expenses at the maximum allowable rate and

could not increase her lodging reimbursement to reflect the extra charges for the apartment

application fee, the move-in amenity fee, and the furniture delivery fee.  The fees are not

payable as miscellaneous expense items.  



     The Board denies the claim as the agency properly applied the governing regulations. 





_________________________

ANTHONY S. BORWICK

Board Judge