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B-194116 1 (1979-04-09)

handle is hein.gao/gaobadhcw0001 and id is 1 raw text is: THE COMPTRDLLER GENERAL OF THE UNITED STATES VVASHINGTON. D.C. 20548 FILE: B-194116 OATE: AP MATTER OF:;Pacific Intermountain Express Co. (/,&t7 07J27 LzV 7 1 1 A de 1~ ~ IGEST: 1. Inclusion by Air Force installation of overhead cost of 26 percent in damages collected from carrier for Government's repair of generator damaged in transit was not improper because the law is concerned with restoration.of claimant to position that would have been occupied had there been no damage to shipment and overhead cost assessed is sustained by cost accounting records. 2. Damage noted on delivery receipt is not conclusive as to extent of damage to shipment and does not prevent pr pf a s by other means. In addition, where Air. Fr-' repair c ity documents number of work hours needed for repairs and claimant does not present any evidence challenging propriety of those costs, we have no basis to question l-bor costs in the damage claim. 3. Transportation costs to ship generator to repair facility are incidental to costs of repair and are proper elements of damag6es but should be corrected to reflect constructive cost of motor carrier transportation to repair facility.. Pacific Internpuntain Express Co. (PIE) by letter dated November 27, 1978, requests review of our Claims Division's settlement certificate dated October 24, 1978, in which the Division disallowed PIE's claim for $2,123, [Clairas Division file No. Z-1351463(6)1. The claim represents the amo pnt collected by the Covernmentb vsetoff from monies otherwise due PIE to satisfy the Government's claim for damage against the carrier. The Government's claim arose from the damages sustained to a generator shipped by the/Department of the Air Force under Government bill of lading (GBL) No. -5506352. The generator which weighed 4,483 pounds was picked up at Loring Air Force Base, Maine, by Coles Express on February 25, 1975, and interlined to PIE for delivery on March 11, 1975, to McClellan Air Force Base, California. -An inspection at the destination revealed that the generator had been damaged during the transportation, and the delivery receipt was annotated to reflect the damaged condition. The damage was acknowledged by the signature of the carrier's driver and was inspected by an agent of the carrier.

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