international personal property rate solicitation i ... - SDDC - U.S. Army

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PAGE 4-11INTERNATIONAL PERSONAL PROPERTY RATE SOLICITATION I-25loss or damage occurred while the goods where in the custody of a prior TSP or warehouse, then thedelivering TSP must forward the claim to the prior TSP with the documents or other evidence that establish theprior TS’s or warehouse’s liability. The delivering TSP must also advise the claimant of the date the claim wasforwarded, the items for which the delivery TSP is denying liability and the address of the prior TSP orwarehouse to which the claim was forwarded. Filing with the delivery TSP will also satisfy any requirement forall TSPs and warehouses in the chain of custody that a claim must be filed directly with a TSP to entitle theclaimant to settlement on the basis of FRV.(3) Except as otherwise provided in the Tender of Service, Appendix B, DTR Part IV, and thissolicitation, the TSP’s legal liability for loss or damage to goods will be the same as set forth in the CarmackAmendment to the Interstate Commerce Act( Title 49, US Code, Section 17706).n. Time Limitations on Liability for Loss and Damage Claims(1) The TSP or contractor will not be liable for loss or damage unless the owner files a timely claimdirectly with the TSP or contractor or with a MCO under the Military Personnel and Civilian Employees ClaimsAct (MPCECA) within two years of the delivery of the shipment that included the loss or damaged items. Forpurposes of timely filing with the TSP/ contractor or a MCO, timeliness will be determined by the MCO based onthe statute, case law, and the service’s claims regulations and instructions.(2) When the owner files a claim with the TSP or contractor within nine (9) months of delivery, the TSPor contractor is liable for the Full Replacement Value (FRV) of any loss or damage items subject to themaximum liability listed in section 2.1..(3) For the purpose of the two-year limit for filing directly with the TSP or contractor, if a claim for loss ordamage accrues during war or an armed conflict in which an armed force of the United States isinvolved, or has accrued within two years before war or an armed conflict begins, and there is good cause fordelay in filing due to that armed conflict or war, then the claim must be presented within a reasonable time afterthe cause no longer exists, or after the war or armed conflict ends, whichever is earlier. An armedconflict begins and ends as stated in concurrent resolution of Congress or a decision of the President. Anyextension granted by this provision will be at least as long as the duration of the good cause and may belonger, at the discretion of the TSP or contractor.(4) If the owner files a claim with a MCO, the TSP or contractor will not be liable to the governmenton a recovery claim if the government does not dispatch a written demand on the TSP or contractor withinfour years of delivery. This four-year period will be extended by any period granted under Time Limitationson TSP or Contractors Liability for Loss and Damage Claims. If the government does dispatch a writtendemand on the TSP or contractor within four years of delivery, the government will have the normal sixyears specified in Title 28, United States Code, Section 2415, to resolve the claim or file suit.(5) If an owner files a claim directly with the TSP or contractor and then receives written notice from theTSP or contractor that all or part of the claim has been denied, then the owner may transfer the claim to theappropriate MCO, provided such a claim can still be timely filed under the MPCECA. If a recovery claim is notfiled by a MCO against the TSP or contractor within four years of delivery, including anyextended period in Time Limitations on TSP or Contractors Liability for Loss and Damage Claims, orMember’s suit is not instituted within two years of receipt of the written notice, then the TSP or contractor shallnot be liable for any part of the claim that was denied in the notice.(6) In summary, the specific timeline and steps for filing a claim are as follows:(a) At delivery: Owner and TSP/ contractor will review then sign the DD1840 if there is any Lossor Damage evident at the time of delivery.
PAGE 4-12INTERNATIONAL PERSONAL PROPERTY RATE SOLICITATION I-25(b) Within 75 days of Delivery: Owner must submit the Notice of Loss and Damage – DD1840Rto the TSP/contractor.(c) ithin 9 months of delivery: Owner must file complete claim information to the TSP/contractorfor settlement to be eligible for Full Replacement Value(d) If a claim is not completely settled after 30 days, claimants may transfer the claim to theappropriate MCO. However, claimants may transfer a claim immediately, and still be eligible for FRV,under the conditions in Item 413, paragraph d (1).(e) Within 2 years of delivery: Owner has the right to file their claim up to 2 years from delivery. Ifthe claim is filed after 9 months from delivery but before 2 years from delivery, the owner is onlyentitled to depreciated value of the items as per these business rules.Item 411Item Liable to Cause DamageThe following will not be accepted for shipment by the Transportation Service Provider:a. Property whose inherent nature is liable to impregnate, contaminate, or otherwise cause damage to otherproperty or equipment.b. Items which cannot be taken from or delivered to the premises without damage to the items or thepremises.Item 412Inspection of ArticlesWhen a Transportation Service Provider or its agent believes it necessary to inspect the contents of apackage, it shall make or cause such inspection to be made or require other sufficient evidence to determine theactual contents of the property.Item 413Claims for Loss and Damagea. The Transportation Service Provider shall not be liable for loss or damage when the TransportationService Provider can reasonably establish such loss or damage occurred while the shipment was in theeffective custody and control of the Government. Effective custody is defined herein to mean when ashipment is delivered to authorized representatives of the United States Government.b. The United States Government (MSC, AMC, SDDC or other agency assuming effective custody) will beliable to the Transportation Service Provider for damage to or loss or destruction of containers due tonegligence of the Government, reasonable wear and tear excepted.c. When loss or damage occurs to a shipment transported jointly by a Transportation Service Provider andthe Government (Codes 5, T, and J) and such loss or damage cannot be determined by the U.S.Government to be solely the responsibility of the Transportation Service Provider or the Government, theliability will be shared as described in Item 410.d. Claims Filing(1) Owners whose property is lost or damaged in transit and wish to file against the TSP must file theirclaims within two years of delivery of the shipment that gave rise to the claim. If the claimant submits the claimto the TSP within nine months of delivery, the TSP will be liable for the full, undepreciatedreplacement value on all lost or destroyed items, as specified in Item 410. If a claim is not completely settledafter 30 days claimants may transfer the claim to the MCO. However, claimants may transfer a claimimmediately, and still be eligible for FRV, upon:
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