B-155610, APR. 7, 1965
Highlights
TO THE HERTZ CORPORATION: REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 4. WE ADVISED THAT OUR OFFICE COULD NOT AUTHORIZE PAYMENT OF THE AMOUNT CLAIMED SINCE THERE WAS NO ADMINISTRATIVE CONFIRMATION THAT DAMAGE TO THE VEHICLES RESULTED FROM NEGLIGENCE ON THE PART OF GOVERNMENT PERSONNEL. HAVE BEEN UNABLE TO VERIFY YOUR ALLEGATION THAT THE VEHICLES WERE IMPROPERLY OPERATED SINCE THE TRAINING EXERCISE HAS BEEN PHASED OUT OF EXISTENCE AND THERE HAS BEEN A CHANGE OF OFFICERS AND RESPONSIBILITIES. WHILE IT IS TRUE THAT RUNNING VEHICLES WITHOUT WATER OR OIL CREATES A PRIMA FACIE CASE OF NEGLIGENCE. IT IS BOTH THE RIGHT AND DUTY OF GOVERNMENT ACCOUNTING OFFICERS TO REJECT SUCH CLAIMS UNLESS THE CLAIMANT CLEARLY ESTABLISHES LEGAL LIABILITY AND HIS RIGHT TO PAYMENT THEREOF.
B-155610, APR. 7, 1965
TO THE HERTZ CORPORATION:
REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 4, 1965, AND MARCH 30, 1965, REQUESTING CLARIFICATION OF OUR POSITION REGARDING YOUR CLAIM FOR DAMAGES UNDER UNITED STATES ARMY CONTRACT NO. DA-04-013-AVI-349.
IN OUR PRIOR DECISION TO CAPTAIN A. F. BARWICK, JR., F.C., FINANCE AND ACCOUNTING OFFICER, FORT IRWIN, CALIFORNIA (B-155610, DECEMBER 7, 1964), WE ADVISED THAT OUR OFFICE COULD NOT AUTHORIZE PAYMENT OF THE AMOUNT CLAIMED SINCE THERE WAS NO ADMINISTRATIVE CONFIRMATION THAT DAMAGE TO THE VEHICLES RESULTED FROM NEGLIGENCE ON THE PART OF GOVERNMENT PERSONNEL. HAVE BEEN UNABLE TO VERIFY YOUR ALLEGATION THAT THE VEHICLES WERE IMPROPERLY OPERATED SINCE THE TRAINING EXERCISE HAS BEEN PHASED OUT OF EXISTENCE AND THERE HAS BEEN A CHANGE OF OFFICERS AND RESPONSIBILITIES.
WHILE IT IS TRUE THAT RUNNING VEHICLES WITHOUT WATER OR OIL CREATES A PRIMA FACIE CASE OF NEGLIGENCE, WE CANNOT AGREE THAT THE RECORD BEFORE US CLEARLY ESTABLISHES EITHER THAT THIS HAPPENED OR OTHER NEGLIGENCE ON THE PART OF GOVERNMENT PERSONNEL. IN CASES OF THIS NATURE, IT IS BOTH THE RIGHT AND DUTY OF GOVERNMENT ACCOUNTING OFFICERS TO REJECT SUCH CLAIMS UNLESS THE CLAIMANT CLEARLY ESTABLISHES LEGAL LIABILITY AND HIS RIGHT TO PAYMENT THEREOF. LONGWILL V. UNITED STATES, 17 CT.CL. 288; CHARLES V. UNITED STATES, 19 CT.CL. 316; 21 COMP. GEN. 134; 31 ID. 410.
THEREFORE, SINCE WE DO NOT VIEW THE RECORD AS CLEARLY ESTABLISHING LIABILITY AND THE AMOUNT CLAIMED IS FOR AN UNLIQUIDATED AMOUNT, WE HAVE NO ALTERNATIVE BUT TO DENY YOUR CLAIM.