B-234877, Dec 11, 1989, 89-2 CPD ***

B-234877: Dec 11, 1989

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This Office will not reverse an administrative determination on such issues. 2. Carrier is not entitled to possession of damaged articles as if carrier had purchased salvage value because the carrier's argument that they are still "useful" is not evidence that the Navy's determination of no value and consequent failure to retain damaged items for the carrier was unreasonable. The Navy's administrative determination of fair market value and reasonable repair costs are accepted by this Office in absence of competent evidence from the carrier demonstrating that such determinations were unreasonable. The mere allegation by the carrier that prior damage to the sewing cabinet requires a greater reduction in damages than that assessed by the Navy is not evidence that the Navy's determination was unreasonable.

B-234877, Dec 11, 1989, 89-2 CPD ***

PROCUREMENT - Payment/Discharge - Shipment - Carrier liability - Amount determination DIGEST: 1. In absence of competent evidence from the carrier concerning the unreasonableness of the cost of repairs or the market value of the damaged property, this Office will not reverse an administrative determination on such issues. 2. Carrier is not entitled to possession of damaged articles as if carrier had purchased salvage value because the carrier's argument that they are still "useful" is not evidence that the Navy's determination of no value and consequent failure to retain damaged items for the carrier was unreasonable.

Beach Van & Storage:

Beach Van & Storage (Beach) requests review of a settlement made by our Claims Group involving damage to personal property shipments under two Government Bills of Lading (DP-338987 and DP-983843). Beach disputes the value attributed for pre-existing rubs and scratches to a sewing cabinet where the Navy deducted for the repair of a carrier caused "small gouge" in the same area. The carrier also disputes settlements for damage to two plates assessed as total losses where the Navy did not surrender the salvage to the carrier.

The Navy's administrative determination of fair market value and reasonable repair costs are accepted by this Office in absence of competent evidence from the carrier demonstrating that such determinations were unreasonable. Interstate International, Inc., B-197911.6, May 25, 1989; and McNamara-Lunz Vans and Warehouses, Inc., 57 Comp.Gen. 415 (1978). The mere allegation by the carrier that prior damage to the sewing cabinet requires a greater reduction in damages than that assessed by the Navy is not evidence that the Navy's determination was unreasonable. We reach a similar result with regard to the broken plates. Beach's allegations that they were still "useful" is not evidence that the Navy's determination of no value and consequent failure to retain the damaged items for the carrier was unreasonable.

The settlement of the Claims Group is sustained.