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B-261314 1 (1995-11-30)

handle is hein.gao/gaocrptacbv0001 and id is 1 raw text is: GAO United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-261314 November 30, 1995 Bobby L. Cates Resource Protection P.O. Box 3417 Tampa, FL 33601-3417 Dear Mr. Cates: This is in response to your appeal of Settlement Z-2866671.34, dated May 5, 1995, by our Claims Group involving the damage to the household goods of Patrick Whaley that were shipped by Carlyle Van Lines, Inc., under government bill of lading No. UP-722-623. The appeal is based on your contention that the bedroom suite used to replace the member's furniture damaged in shipment was of a much better quality than the damaged items. You contend that the repair estimate submitted by the member describes the damaged items as particle board furniture covered with a photo finish while the replacement furniture was made of hardwoods and particle boards with an oak finish, engraved end panels, veneer tops and brass plated hardware-a much more expensive type of furniture. Our Office will not question an agency's calculation of the value of damages to items or the replacement costs in a shipment of household goods without clear and convincing evidence from the carrier that the agency acted unreasonably. See, e.g., American Van Services, Inc., B-260394, Aug. 15, 1995. Such evidence is lacking in this case. A review of the file shows that the member submitted two photographs of the damaged bedroom furniture and the pages from the catalog showing the replacement furniture. The photographs show the damaged furniture to be almost identical to the replacement items, which also contained veneers and particle board. Moreover, the claim form submitted by the member shows the cost of the bedroom suite to be $1,300 in 1982 and the replacement cost was $1,460 prior to depreciation. This lends additional credence to the fact that the replacement was of the same quality as the damaged items. 12501130

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