I-19 Complete.pdf - SDDC - U.S. Army

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ORIGINAL PAGE 4-16INTERNATIONAL PERSONAL PROPERTY RATE SOLICITATION I-19(1) The TSP is responsible for promptly dealing with claimants who have had essential items lost,destroyed or made unusable due to damage. Owners are responsible for notifying the TSP, MCO, or PPSOof such a loss within 7 days of the date their goods were delivered. Any item not identified in this way bythe owner shall not be considered “essential.”(2) Upon notification of the loss of an essential item by either the claimant, MCO or SDDC, the TSPshall either pay for such items, provide temporary or permanent replacements for them, repair them orsuch other arrangement as agreed to by Member. Such action must be taken within two (2) businessdays of notification, regardless of whether a claim has been filed. Any payments made by the TSPpursuant to this paragraph shall be considered an advance and should not exceed the TSP’s expectedtotal liability. Claimant will still be required to file a claim for their loss. Any advance payment madewill be deducted from the owner’s eventual award. Such payments are subject to the same maximumliability and rules as apply to all payments under this Tender.(3) If a TSP declines to provide or pay for an essential item or fails to respond to notification withinthe two (2) business day period, the claimant may file a claim for said item(s) directly with the MCO. Insuch cases, the claimant shall retain his or her right to FRV for those essential items with which notice wasprovided to the TSP. The claimant is expected to file the remainder of their claim consistent with theprovisions of this Tender.(4) In the event that a TSP identifies or is informed of the loss or damage of an essential item forwhich it believes it is not liable under Item 410, Exclusions from Liability the TSP shall inform theowner’s MCO within 24 hours. In such cases, the MCO shall handle the advance payment and claims.If it is later determined that the TSP was, in fact, liable for the loss, the MCO will assert a recoveryclaim against the TSP. The TSP may be liable as if the Member had filed a claim with the TSP withinnine months of their loss.(5) Essential items are only those items necessary for everyday living, which would reasonably needto be replaced promptly. Items used solely for entertainment purposes are not considered essential. Fungibleitems that are regularly used up or worn out and must be routinely replaced are not considered essential.Essential items include:(a) Refrigerators or other appliances necessary for the safe storage and preparation of food.(b) Necessary medical equipment.(c) Mattresses.NOTE: DOD, or any of its components, may require TSPs to provide claims reports. These reports shallinclude, as a minimum, shipment information/identification, loss/damage reports and, information aboutclaims settlement, if settlement has occurred.Item 414Limitation of Actiona. All claims and actions at law by Transportation Service Providers for recovery of their charges onshipments, subject to the provisions of this solicitation, will be filed within 3 years (not including any time ofwar) from date of:
ORIGINAL PAGE 4-17INTERNATIONAL PERSONAL PROPERTY RATE SOLICITATION I-19(1) Final delivery of the property,(2) Payment of the transportation charges thereon,(3) Subsequent refund of charges, or(4) Deduction of such charges from Transportation Service Provider's account, whichever is later.b. Provided, however, that if the limitation of actions set forth in this item is breached by theGovernment by the filing of a claim or action at law (other than by mistake or inadvertence) at a time otherthan stated in this item, this item will be of no force and effect and will be void ab intitio.Item 415Holidaysa. Except as otherwise specifically provided in this solicitation, reference to the term "holiday" will bethe date such U.S. national, foreign or officially declared state holidays are observed. When a holiday fallson a Saturday, the holiday will be observed on the preceding Friday. When a holiday falls on a Sunday, theholiday will be observed on the following Monday. Charges in this solicitation for holidays will apply onlywhen service is rendered at the request of the PPSO. Transportation Service Providers are required toservice shipments on days other than those listed herein. Union negotiated holidays do not fall into thiscategory.b. For reference purpose only, U.S. national holidays are:New Year's Day, January 1; Martin Luther King's Birthday, the third Monday of January; PresidentsDay, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July4; Labor Day, the first Monday in September; Columbus Day, the second Monday in October;Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and ChristmasDay, December 25.c. Inauguration Day, which occurs on January 20 of each fourth year after 1965, is a holiday for theWashington, D. C. area only.Item 416Hourly RatesCharges based on time shall be computed by multiplying the hourly rate by the time involved. Unlessotherwise provided, fractions of an hour will be disposed of as follows:Where the time involved is 15 minutes or less, the charge shall be for one quarter of an hour. When inexcess of 15 minutes but not more than 30 minutes, charge for one half hour. When in excess of 30 minutesbut not more than 45 minutes, charge for three quarters of an hour. When in excess of 45 minutes, chargefor one hour.Item 417Advanced ChargesCharges advanced by the Transportation Service Provider for services of others engaged at the request ofthe PPSO will be supported by the Transportation Service Provider with a copy of invoice setting forthservices rendered, charges and basis thereof, together with reference to applicable schedule or tariff ifcharges are assessed in accordance therewith. The charges so advanced are in addition to and shall becollected with all other lawful rates and charges.
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I-19 Complete.pdf - SDDC - U.S. Army

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