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US Coast Guard Command Instructions
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> Measure of Loss and Damage-Determination of Value
Concealed Damage.
Depreciation of Property.
U.S. Coast Guard Freight Loss and Damage Claim System - index
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Encl.
(2)
to
COMDTINST
4610.6
MEASURE
OF
LOSS
AND
DAMAGE -
DETERMINATION
OF
VALUE
1.
General
.
a.
Rights to
Recover
Money
.
The
Coast
Guard
is
entitled
to be paid
for
the
actual
loss of or
damage
to
its
property.
The
government's
damages
will be
measured
as
determined
by
principles
of
law.
The
exact
amount
of loss or
damage
is a
question
of
fact
which
must
be
proved
with
evidence.
Claims
for
loss or
damage
to
government
property
by
commercial
carriers
are
based
on
documented
facts
and
firm
evidence.
The
burden
of
proof
is on
the
government
to
prove
the
loss or
damage
occurred
while
the
property
was in
the
possession
of
the
carrier.
Evidence
submitted
must
support
both
the
charge of
carrier
responsibility
and
the
amount
of
the
government's
loss.
Documentary
evidence
submitted
to
support
the
amount
of
the
claim
must
include
any
incidental
damage
arising
from
the
loss or
damage
to
the
property.
Incidental
damages
are
those
expenses
reasonably
and
necessarily
incurred
by
the
government
to restore
the
property
or to
mitigate
the
damages.
The
actual
loss
for
property
lost
or destroyed
may
be
the
market
value
at
the
time
of
shipment.
b.
Property
Valuation
.
The
term
"market
value"
is
not
always
applicable
to
government
property.
Some
government
property
is
not
suitable
for
commercial
or
industrial
use.
It is
valuable
only
for
military
purposes
and
has
no comparable
commercial
market
value.
The
law
provides
that
the
measure
of
damage
for
loss or
damage
to an
article
having
no
market
value
is
the
value
of
the
article
to
the
owner
(14
Am.
Jr.
2d,
section
636,
Carriers).
Contracts,
purchase orders, and
invoices
are
acceptable
proof
of
value
and sometimes
apply
when
an
item
moves
from
the
manufacturer
to
the
first
government
destination.
However,
these
procurement
documents
are
not
maintained
as a
means
of
property
valuation
after
the
purchased
items
are
placed in
the
federal
property
system.
The
Federal
Supply
Catalog
uniform
quotation
or DLA
Consolidated
Management
Data
List
for
each
class
and
type
of
item
then
becomes
the
authority
for
value.
The
price
quotation
is
based
on
the
average
purchase of
like
items
procured
by DLA or
the
military
service
under
contract
purchases
within
the
same
general
period.
Price
quotations
for
items
purchased by
the
General
Services
Administration
(GSA)
are
maintained
in
the
GSA
Stock
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