FINANCIAL MANAGEMENT POLICY MANUAL

(7) Nonscope Claims.
By 10 U.S.C. 2737, the DON is authorized to pay claims, in an
amount not more than $1,000, for damage to, or loss of, property,
or personal injury or death, caused by Navy and Marine Corps
personnel incident to the unauthorized use of a government vehicle
at any place, or any other property of the United States on a
Government installation.
(8) Admiralty Claims.
By 10 U.S.C. 7622, the Secretary of the Navy is authorized to
settle and pay claims for damage caused by a vessel in the naval
service or by other property under the jurisdiction of the
Department of the Navy for damage caused by a maritime tort
committed by an agent or employee of the DON, and for towage
and salvage services rendered to a vessel in the naval service up to
$1,000,000. Claims in excess of $1,000,000 may be settled by the
Secretary of the Navy and certified to Congress for payment.
(9) Postal Service.
Reimbursement to the U.S. Postal Service for the loss of postal
property attributed to Navy and Marine Corps postal clerks is
pursuant to voluntary agreement between the Department of
Defense and the U.S. Postal Service as authorized by 39 U.S.C.
411.
6. CONTRACT CLAIMS.
a. Bid Protests.
By the Competition in Contracting Act of 1984 (31 U.S.C. 3554(c)),
The Comptroller General may recommend that an interested party is
eligible for bid and proposal preparation costs, the costs of filing and
pursuing the protest, and reasonable attorney's fees, if the solicitation
or contract award violates statute or regulation. The costs and fees are
payable from the procuring appropriation (see par. c.).
b. Contract Disputes.
By the Equal Access to Justice Act of 1980 (5 U.S.C. 504 and 28
U.S.C. 2412), an agency may be obligated to award fees resulting
from adversary actions when a contractor appeals a contracting
officer's decision to a Board of Contract Appeals; a contracting
officer's decision directly to court instead of to a Board of Contract
Appeals; or, a Board of Contract Appeals decision directly to court.
The fees and requisite costs are paid from current operating
appropriations. The payment of contractual claims incident to the
actual provision of work, services, and/or equipment are program
Financial Management Policy
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