[Appeal of Claims Group Decision Denying Claim for Monies Set Off by Marine Corps]
B-216221: Oct 12, 1984
- Full Report:
A common carrier appealed the Claims Group's denial of its claim for monies allegedly set off erroneously by the Marine Corps for loss and damage to a household shipment. The Corps had notified the protester that it would accept a certain amount as settlement to the claim; however, when it failed to receive a response to its offer, the Corps processed an offsetting collection for an amount that represented the full contractual liability of the carrier. The protester contended that it was only liable for the lesser amount and claimed reimbursement for the difference. GAO held that the Corps: (1) was not bound by the compromise offer since the protester had not responded to the offer; (2) could revoke the offer at any time prior to its acceptance; and (3) did not act improperly in setting off the amount of the carrier's full contractual liability. Accordingly, the appeal of the Claims Group decision was denied.