Matter of: Andrews Forwarders, Inc. File: B-255697 Date: April 22, 1994
Highlights
PROCUREMENT Payment/Discharge Shipment Carrier liability Burden of proof A carrier can be charged with the loss of an item not specifically listed on the inventory where the item bears a reasonable relationship to the contents of the carton from which it allegedly was lost. PROCUREMENT Payment/Discharge Shipment Damages Amount determination GAO will not question an agency's calculation of the value of damages unless the carrier presents clear and convincing evidence that the agency acted unreasonably. Andrews disputes its liability for $90 offset for a pendulum that was missing from a clock-mirror packed in a box labeled "pictures/mirror.". Andrews argues that there is no proof that the pendulum.
Matter of: Andrews Forwarders, Inc. File: B-255697 Date: April 22, 1994
PROCUREMENT Payment/Discharge Shipment Carrier liability Burden of proof A carrier can be charged with the loss of an item not specifically listed on the inventory where the item bears a reasonable relationship to the contents of the carton from which it allegedly was lost. PROCUREMENT Payment/Discharge Shipment Damages Amount determination GAO will not question an agency's calculation of the value of damages unless the carrier presents clear and convincing evidence that the agency acted unreasonably.
DECISION
Andrews disputes its liability for $90 offset for a pendulum that was missing from a clock-mirror packed in a box labeled "pictures/mirror." Andrews argues that there is no proof that the pendulum, which was not specifically listed on the inventory, was packed in the carton.
Where an unlisted item is claimed lost from a particular carton, we have inferred tender if the item bears a reasonable relationship to the items described on the inventory as the carton's contents. There is no need for an exact match between the description of the lost item and the contents of the carton. Carlyle Brother Forwarding Co., B-247442, Mar. 16, 1992. Here, there is sufficient relationship between the pendulum and the clock-mirror to establish tender, and thus carrier liability.
Andrews also argues that the offset of $572 as the replacement value of a metal etagere with glass shelves is excessive because the only things missing were the brackets, or hardware, that supported the glass shelves. Andrews maintains that they could have been fabricated for $50.
Generally, our Office will not question an agency's calculation of the value of damages unless the carrier presents clear and convincing evidence that the agency acted unreasonably. American Van Services, Inc., B-249833, Jan. 14, 1993. Andrews merely posits that the member would be able to obtain fabricated replacement parts for $50, but has submitted no evidence that such fabrication is possible or that replacement of the item otherwise was unreasonable.
The Claims Group's settlement is affirmed.
Date: April 22, 1994 To: Director, Claims Group/GGD - Sharon Green From: Acting General Counsel - Robert P. Murphy Subject: Andrews Forwarders, Inc.
Returned is your File Z-2729037 along with a copy of our decision of today's date.