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B-216221 1 (1984-10-12)

handle is hein.gao/gaobadlyq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION OP THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-216221 DATE: October 12, 1984 MATTER OF: CVL-Forwarders DIGEST: 1. Compromise offer submitted to carrier by agency to settle loss and damage claim does not bind an agency unless carrier timely accepts offer. 2. Where carrier does not indicate timely accept- ance of compromise offer, offer may be revoked by agency, and agency may set off from monies due carrier higher amount which represents full contractual liability of carrier to agency. CVL-Forwarders (CVL) appeals the decision of our Claims Group, denying its claim for $72 allegedly set off errone- ously by the United States Marine Corps (Corps) for loss and damage to a household shipment. The Corps deducted $225.80, but CVL refers to a letter it received from a Corps senior adjudicator dated April 20, 1983, which CVL argues shows its liability as $153.80. Thus, CVL concludes that it should be refunded $72, which represents the amount deducted in excess of $153.80. We deny the claim. The record shows that CVL transported the household goods of First Sergeant Doty from nontemporary storage in Maryville, California, to Allyn, Washington. First Sergeant Doty submitted Department of Defense (DOD) Form 1845, Sched- ule of Property, showing 13 items missing or damaged. This loss and damage was discovered after the delivery. A notice of loss or damage was timely filed with CVL. This notice advised CVL of its right to inspect the damaged items. The Corps paid $775.13 to the First Sergeant for the loss and damage under the Military Personnel and Civilian Employee's Claims Act of 1964, 31 U.S.C. §§ 3701 and 3721 (1982). The Corps reviewed the property loss and damage form and deter- tined that the carrier owed $225.80. This amount was based on the lower amount of 60 cents a pound released valuation or the repair cost of damaged property for each item listed in accordance with applicable household carrier agreements. O~ontj

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