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

PAGE 4-20INTERNATIONAL PERSONAL PROPERTY RATE SOLICITATION I-25such 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 the owner’sMCO within 24 hours. In such cases, the MCO shall handle the advance payment and claims. If it is laterdetermined that the TSP was, in fact, liable for the loss, the MCO will assert a recovery claim against theTSP. The TSP may be liable as if the Member had filed a claim with the TSP within nine months of theirloss.(5) Essential items are only those items necessary for everyday living, which would reasonably need to bereplaced promptly. Items used solely for entertainment purposes are not considered essential. Fungible items thatare 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.r. Administrative OffsetsCurrently, PowerTrack does not have the capability to process administrative offsets under the provisions of 31USC 3716. By accepting shipments under this [solicitation/tariff/tender], the transportation service provider givesconsent for a representative of the Department of Defense, United States Coast Guard, GSA, or other FederalGovernment Agencies to access PowerTrack, generate, and approve electronic bills (ebills) in lieu of anadministrative offset under 31 USC 3716, and agrees to hold US Bank, or a successor administrator of PowerTrack,harmless for any ebills approved, paid or collected under this provision. Approved ebills paid or collected under thisprovisions by the Department of Defense Department of Defense, United States Coast Guard, GSA, or otherFederal Government Agencies shall be treated as an administrative offset for the purpose of appeals and refunds.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 of war)from date of:(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 other thanstated in this item, this item will be of no force and effect and will be void ab intitio.