JTR and Flat Rate Per Diem on Long Term Travel

J_S_K,

What does your contract say about the JTR rules applying to contractor travel?

no reference to JTR, only reference to travel requirements is that we follow FAR 31.206-46.

FAR 31.206-46( a )( 2 )( ii ) makes mention of the JTR for Hawaii -- does that reach to your situation?

Ji20874,

Let me first correct my typo, FAR 31.205-46, not 31.206-46..... however I think you understood my mistake.

Yes the FAR does mention the JTR for Hawaii, however throughout regulation it states that a contractor should follow the maximun per diem. The maximun per diem is quite different from the flat rate for long term assignments. I am a bit conflicted between the two and the allowability of the maxium rate if we have an associate on travel in Hawaii for >180 days when the JTR now has a reduced rate for long term per diem called "flat rate". As a contractor, should we bill the maximum rate or the reduced flat rate?

J_S_K.

The FAR cost principle at 31.205-46 clearly requires compliance with certain parts -- but not all-- of the FTR/JTR. There is nothing in the FAR that addresses, or requires contractors to have, allowability limits for long-term assignments in excess of normal TDY travel.

Many contractors do have travel policies that define long-term assignments as being other than normal TDY travel, and those policies provide for reduced per diem and lodging under the theory that an employee on long-term assignment will be renting/leasing an apartment instead of staying at a hotel. Maybe they do so because to do otherwise might result in a government challenge of the reasonableness of their costs if they do not. But they are not required to.

I always advise my clients to spend the time to develop a comprehensive and detailed travel policy. In my view it's one of the most important policies a contractor will have. To that end this is something you can address in your travel policy ... or not.

Hope this helps.

Here_2_help,

Appreciate your feedback.

As Retreadfed posted on 11 March, 2011
"I have seen multiple references to the FTR and JTR in this thread. I hope everyone recognizes that the JTF and FTR are only referenced in 31.205-46 in regard to lodging and per diem. Further, for overseas travel, the DSSR is the regulation that applies for lodging and per diem."

/threads/94-business-class-travel-and-far-31-205-46-b

FAR 31.205-46 requires precise reading (which Retreadfed obviously did). This Defense Travel Management Office FAQ is quite clear on the matter:
"The Joint Travel Regulations are written for and apply to civilian employees of the Defense Department and the Uniformed Services. The contractors' employees traveling under their contracts CANNOT use the JTR as the JTR contains provisions that cannot be applied to contractor's personnel."
http://www.defensetravel.dod.mil/site/faqctr.cfm#Q1