§ 180.107 Claims procedure

5 CFR 180.107(a)(a) Filing a claim. Claims not exceeding $500 shall be filed with the appropriate bureau or regional director. Claims in excess of $500 shall be filed with the Office of the General Counsel, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415. Claims shall be in writing, using G.C. Form 33 when available, and shall contain as a minimum:

5 CFR 180.107(a)(1)(1) Name, address, and place of employment of the claimant;

5 CFR 180.107(a)(2)(2) Place and date of the damage or loss;

5 CFR 180.107(a)(3)(3) A brief statement of the facts and circumstances surrounding the damage or loss;

5 CFR 180.107(a)(4)(4) Cost, date, and place of acquisition of each piece of property damaged or lost;

5 CFR 180.107(a)(5)(5) Two itemized repair estimates, or value estimates, whichever is applicable;

5 CFR 180.107(a)(6)(6) Copies of police reports, if applicable;

5 CFR 180.107(a)(7)(7) A statement from the claimant's supervisor that the loss was incident to service;

5 CFR 180.107(a)(8)(8) A statement that the property was or was not insured;

5 CFR 180.107(a)(9)(9) With respect to claims involving thefts or losses in quarters or other places where the property was reasonably kept, a statement as to what security precautions were taken to protect the property involved;

5 CFR 180.107(a)(10)(10) With respect to claims involving property being used for the benefit of the Government, a statement by the claimant's supervisor that the claimant was required to provide such property or that the claimant's providing it was in the interest of the Government; and

5 CFR 180.107(a)(11)(11) Other evidence as may be required.

5 CFR 180.107(b)(b) Single claim. A single claim shall be presented for all lost or damaged property resulting from the same incident. If this procedure causes a hardship, the claimant may present an initial claim with notice that it is a partial claim, an explanation of the circumstances causing the hardship, and an estimate of the balance of the claim and the date it will be submitted. Payment may be made on a partial claim if the approving authority determines that a genuine hardship exists.

5 CFR 180.107(c)(c) Claims investigator. When a claim is filed, the appropriate associate or regional director, or the General Counsel, shall appoint a claims investigator to evaluate the claim and make a recommendation as to its disposition. Where the cost to repair damaged property does not exceed $100 per item and the claims investigator has inspected the damaged property, the claimant and the approving authority may agree upon a reasonable amount to be claimed for repair of an individual item in lieu of an independent estimate by a qualified repairman. In such a case, the claims investigator and the approving authority will certify that the property has been examined and that the amount claimed is a reasonable allowance for the cost of the repairs.

5 CFR 180.107(d)(d) Loss in quarters. Claims for property loss in quarters or other authorized places should be accompanied by a statement indicating:

5 CFR 180.107(d)(1)(1) Geographical location;

5 CFR 180.107(d)(2)(2) Whether the quarters were assigned or provided in kind by the Government;

5 CFR 180.107(d)(3)(3) Whether the quarters are regularly occupied by the claimant;

5 CFR 180.107(d)(4)(4) Name of the authority, if any, who designated the place of storage of the property if other than quarters;

5 CFR 180.107(d)(5)(5) Measures taken to protect the property; and

5 CFR 180.107(d)(6)(6) Whether the claimant is a local inhabitant.

5 CFR 180.107(e)(e) Loss by theft or robbery. Claims for property loss by theft or robbery should be accompanied by a statement indicating:

5 CFR 180.107(e)(1)(1) Geographical location;

5 CFR 180.107(e)(2)(2) Facts and circumstances surrounding the loss, including evidence of the crime such as breaking and entering, capture of the thief or robber, or recovery of part of the stolen goods; and

5 CFR 180.107(e)(3)(3) Evidence that the claimant exercised due care in protecting the property prior to the loss, including information as to the degree of care normally exercised in the locale of the loss due to any unusual risks involved.

5 CFR 180.107(f)(f) Transportation losses. Claims for transportation losses should be accompanied by the following:

5 CFR 180.107(f)(1)(1) Copies of orders authorizing the travel, transportation, or shipment or a certificate explaining the absence of orders and stating their substance;

5 CFR 180.107(f)(2)(2) Statement in cases where property was turned over to a shipping officer, supply officer, or contract packer indicating:

5 CFR 180.107(f)(2)(i)(i) Name (or designation) and address of the shipping officer, supply officer, or contract packer;

5 CFR 180.107(f)(2)(ii)(ii) Date the property was turned over;

5 CFR 180.107(f)(2)(iii)(iii) Inventoried condition when the property was turned over;

5 CFR 180.107(f)(2)(iv)(iv) When and where the property was packed and by whom;

5 CFR 180.107(f)(2)(v)(v) Date of shipment;

5 CFR 180.107(f)(2)(vi)(vi) Copies of all bills of lading, inventories, and other applicable shipping documents;

5 CFR 180.107(f)(2)(vii)(vii) Date and place of delivery to the claimant;

5 CFR 180.107(f)(2)(viii)(viii) Date the property was unpacked by the carrier, claimant, or Government;

5 CFR 180.107(f)(2)(ix)(ix) Statements of disinterested witnesses as to the condition of the property when received and delivered, or as to handling or storage;

5 CFR 180.107(f)(2)(x)(x) Whether the negligence of any Government employee acting within the scope of his employment caused the damage or loss;

5 CFR 180.107(f)(2)(xi)(xi) Whether the last common carrier or local carrier was given a clear receipt, except for concealed damages;

5 CFR 180.107(f)(2)(xii)(xii) Total gross, tare, and net weight of shipment;

5 CFR 180.107(f)(2)(xiii)(xiii) Insurance certificate or policy if losses are privately insured;

5 CFR 180.107(f)(2)(xiv)(xiv) Copy of the demand on carrier or insured, or both, when required, and the reply, if any;

5 CFR 180.107(f)(2)(xv)(xv) Action taken by the claimant to locate missing baggage or household effects, including related correspondence.

5 CFR 180.107(g)(g) Marine or aircraft disaster. Claims for property losses due to marine or aircraft disaster should be accompanied by a copy of orders or other evidence to establish the claimant's right to be, or to have property, on board.

5 CFR 180.107(h)(h) Enemy action, public disaster, or public service. Claims for property losses due to enemy action, public disaster, or public service should be accompanied by:

5 CFR 180.107(h)(1)(1) Copies of orders or other evidence establishing the claimant's required presence in the area involved, and

5 CFR 180.107(h)(2)(2) A detailed statement of facts and circumstances showing an applicable case enumerated in § 180.104(c)(8).

5 CFR 180.107(h)(2)(i)(i) Property used for benefit of Government. Claims for property loss when the property was used for the benefit of the Government should be accompanied by:

5 CFR 180.107(h)(1)(1) A statement from the proper authority that the property was supplied by the claimant in the performance of official business at the request of, or with the knowledge and consent of, superior authority or by reason of necessity; and

5 CFR 180.107(h)(2)(2) If the property being used for the benefit of the Government was damaged or lost while not in use, evidence that the loss occurred in an authorized storage area.

5 CFR 180.107(j)(j) Money. Claims for loss of money deposited for safekeeping, transmittal, or other authorized disposition, should be accompanied by:

5 CFR 180.107(j)(1)(1) Name, grade, and address of the person or persons who received the money and any others involved;

5 CFR 180.107(j)(2)(2) Name and designation of the authority who authorized such person or persons to accept personal funds, and the disposition required; and

5 CFR 180.107(j)(3)(3) Receipts and written sworn statements explaining the failure to account for funds or return them to the claimant.

5 CFR 180.107(k)(k) Motor vehicles in transit. Claims for damage to motor vehicles in transit should be accompanied by a copy of orders or other available evidence to establish the claimant's lawful right to have the property shipped and evidence to establish damage in transit.