Claim for Amount of Setoff

A firm appealed the Claims Group's disallowance of its claim. The amount of the claim represented the sum that the Army subtracted from money otherwise owed to the firm after the Army allowed one of its member's claim for several items allegedly lost in the transportation of household goods from one duty station to another. The firm contended that it should not have been liable for the items in the absence of any proof that they were tendered to it for transportation. To establish a prima facie case of carrier liability, the shipper must show that: (1) he tendered the property to the carrier in a certain condition; (2) the property was not delivered by the carrier or was delivered in a more damaged condition; and (3) the amount of the loss or the damage. The inventory did not indicate that the items allegedly lost were tendered to the firm. In addition, the record showed that the firm delivered all of the cartons listed on the inventory, and there was no indication that any of the cartons had been opened before they were delivered. GAO determined that allowing the member to establish tender of his household goods on the strength of his unsupported acknowledgement places an unreasonable burden on the carrier with regard to its ability to rebut the claim. Accordingly, the appeal was sustained.