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B-265682 1 (1996-02-20)

handle is hein.gao/gaobablnd0001 and id is 1 raw text is: 




GAO             United States
                General Accounting Office
                Washington, D.C. 20548

                Office of the General Counsel




                B-265682


                February 20, 1996



                Bobby L. Cates
                Resource Protection
                P.O. Box 3417
                Tampa, FL 33601-3417

                Dear Mr. Cates:

                This is in response to your letter of July 28, 1995, appealing settlement
                No. Z-151685(92) denying your requested reimbursement of $691 collected by the
                United States Army from Allied Intermodal Forwarders, Inc., for loss/damage to a
                shipment of household goods of Richard Spears, which moved under GBL
                #SP-336,288.

                Allied picked up the shipment from nontemporary storage in Denver, Colorado, on
                July 1, 1992. At that time the shipment had been in storage for 11 years. When the
                shipment was delivered to Fayetteville, Pennsylvania, the member noted that several
                tools were missing. The claim was settled by the Army which setoff $691 from
                funds otherwise due Allied.

                When the household goods were picked up at the storage facility, the original
                inventory was not available. Allied's driver prepared a new inventory of the items
                tendered to it and the inventory was signed by the warehouseman. According to
                Allied the warehouseman indicated that there had been a partial delivery out of
                storage sometime during the 11-year period because the original storage shipment
                was reduced in size.

                You contend that the preparation of the new inventory was the only action available
                to the Allied driver and since delivery was made of all items tendered to Allied,
                there should be no liability for the missing items.

                We disagree. As the Army points out in its administrative report, when it became
                apparent that the original inventory was not at the warehouse, the driver should
                have contacted the agency to ascertain if it had a copy of the original inventory or


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