Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405









                         ________________



                          April 16, 2004

                         ________________





                         GSBCA 16380-RELO





                  In the Matter of ROYLINNE WADA





     Roylinne Wada, Honolulu, HI, Claimant.



     Barbara Martin, Accounting Technician, National Business Center, Office of the

Secretary, Department of the Interior, Washington, DC, appearing for Department of the

Interior.



DeGRAFF, Board Judge.



     When an agency authorizes an employee to use a rental car and the employee uses the

car for personal business as well as for official business, the employee must bear any

additional cost incurred due to the personal use of the car.  



                            Background



     In late September 2003, the Department of the Interior issued a travel authorization

to Roylinne Wada, transferring her from Washington, D.C., to Hawaii.  Interior specifically

authorized Ms. Wada to incur reimbursable expenses for a rental car, among other items. 

Interior authorized her to rent a car because her own car was being shipped from her old duty

station, and Interior thought it would be advantageous to the Government if Ms. Wada had

a car at her disposal when she arrived at her new duty station.  Ms. Wada relocated to Hawaii

in late October 2003, moved into temporary quarters, and rented a car for twenty-five days. 

Ms. Wada asked Interior to reimburse her $963.97 for the cost of the rental car and fuel.  



     In March 2004, Interior decided applicable regulations did not allow it to pay

Ms. Wada for her rental car expenses.  In addition, Interior decided the travel authorization

was ineffective to the extent it conflicted with the regulations.  Interior submitted Ms. Wada's

claim to us for review.  



     In response to Interior's submission, Ms. Wada says she used the rental car primarily

for official business, although she also used it to drive from her temporary quarters to her

office.  Ms. Wada was transferred to Hawaii in order to establish an Interior field office.  As

the first person to arrive and the most senior person in the office, she was responsible for

procuring equipment and supplies from vendors, many of whom were not located near the

office, in order to furnish the office.  In addition, her official duties required her to attend

meetings away from the office.  She used the rental car in order to procure the items needed

to furnish the office and also to attend the offsite meetings.  Ms. Wada believes Interior

should either reimburse her for the cost of the rental car or waive any debt she owes to the

agency.  



                            Discussion



     The Federal Travel Regulation (FTR) allows an agency to authorize an employee to

incur reimbursable rental car expenses if the rental car is used to transact official business

and if the use of a rental car is advantageous to the Government.  41 CFR 301-2.2, -10.4,

-10.450 (2003).  The FTR does not allow an agency to reimburse an employee for rental car

expenses if the rental car is used for the employee's commute to and from work while the

employee is in temporary quarters.  41 CFR 302-6.18.  If an employee is authorized to use

a rental car and uses it for anything other than official business, the employee must bear any

additional cost that results from the personal use of the car.  41 CFR 301-10.453.  We

examine Ms. Wada's claim in light of these principles.



     The travel authorization issued by Interior did not conflict with the regulations

because Interior determined it would be advantageous to the Government if Ms. Wada rented

a car and Ms. Wada used the car in part to transact official business.  Ms. Wada does not

have to bear the entire cost of renting the car.  She is responsible only for the additional cost,

if any, that resulted from her personal use of the car.  We cannot determine from the material

submitted to us whether Ms. Wada's personal use of the car resulted in any additional cost. 

If it did not, Interior should reimburse Ms. Wada the entire $963.97.  If, however, there was

an additional cost due to her personal use of the car, she is responsible for this additional

cost.  If Ms. Wada is responsible for any additional cost, she may ask Interior to waive the

amount for which she is responsible.









                                   ___________________________________

                                   MARTHA H. DeGRAFF

                                   Board Judge