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[Request for Reconsideration]

B-205084 Jun 08, 1983
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Highlights

The Department of the Army, on behalf of itself, the Departments of the Navy and the Air Force, and the U.S. Marine Corps, requested reconsideration of a decision in which GAO found that the liability of a carrier for alleged losses was not established where the only evidence of tender of the lost items was the military member's written acknowledgement of the criminal penalties for filing a false claim. GAO had concluded that the Army improperly subtracted the member's claim for the lost items from money owed the carrier for the transportation of the member's goods. GAO reasoned that the member could supply a specific statement concerning the loss rather than merely a general acknowledgement of penalties for false claims. The Army asserted that carriers contracting with the government have agreed to liability for a missing item not listed on the inventory. GAO held that this applies only to the method of calculating damages and does not concern the threshold question of whether tender was made. Accordingly, the prior decision was affirmed.

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