**142.1 PURPOSE AND SCOPE** This chapter covers claims against the BPA
for damage or loss of employees\' personal property. These claims are
settled under the Military Personnel and Civilian Employees Claims Act
(31 U.S.C., Section 3721 et seq.).

**142.2 DEFINITIONS** In the context of this chapter

> **A. Loss** is defined to include damage and theft.
>
> **B. Claimant** is defined as the employee, his/her authorized
> representative or\--if the employee is deceased\--his/her spouse,
> children, parents, brothers, or sisters.
>
> **C. Negligence**. If the claimant is at fault for contributing to the
> loss, the amount awarded for damages may be reduced proportionately,
> but will not necessarily result in the entire denial of a claim.

**142.3 BASIC CONDITIONS** The basic conditions which govern settlement
of employee claims are:

> **A. The damage or loss must have been incidental to the employee\'s
> service**, and his/her possession of the property must have been
> reasonable, useful, or proper in the circumstances.
>
> **B. The maximum amount that can be paid** is \$40,000.
>
> **C. Time limit for filing** is 2 years after the loss

1.  occurs, or

2.  is discovered by the claimant in the exercise of due diligence.

**142.4 RESPONSIBILITIES**

> **A. Tort Claims Officers** are responsible for investigating claims
> submitted by BPA employees or their representatives.

B.  **The General Counsel or designee** is authorized to settle employee
    claims administratively.

**142.5 FILING CLAIMS**

> **A. Claimants may file** by submitting Form [DOE F
> 2040.3e](../../../../../../../../apps/EFORMS97/Templates/D2040_3E.DOT),
> Employee Claim for Loss or Damage to Personal Property. However, any
> written statement may be accepted as a timely claim if it presents
> sufficient facts for a decision on the claim.
>
> **B. Claims are processed** in the same manner as tort claims and
> submitted through supervisory channels to the Tort Claims Officer
> having jurisdiction.

**142.6 INVESTIGATION** The Tort Claims Officer conducts the
investigation according to the same principles as for a tort claim. The
Tort Claims Officer forwards the claim with his/her report to the
General Counsel or designee.

**142.7 SETTLEMENT**

> **A. The General Counsel or designee determines the validity of the
> claim** and the amount to be awarded.
>
> **B. The amount awarded for lost, stolen, or destroyed property** is
> normally the actual value at the time of loss. All relevant factors
> are considered, including purchase price or value at time of
> acquisition, and replacement cost. If appropriate, depreciation is
> applied according to the type of property, age, and condition at time
> of loss.
>
> **C. The amount awarded for damaged property** is normally the cost of
> repairs, not to exceed the actual value of the property at the time of
> damage. If the property was damaged beyond economic repair, the
> compensation is the actual value at the time of damage, less any
> salvage value which the property may have.
>
> **D. BPA may, at its option, replace the property in kind** rather
> than pay compensation. Replacement in kind will be accomplished with
> unmarked property.
>
> **E. BPA may pay for loss of use of property lost or damaged or other
> incidental expenses incurred.**

**142.8 RECONSIDERATIONS:** If an employee is dissatisfied with the
administrative determination of his/her claim, he/she may ask for
written reconsideration within a period of 6 months from the date of
determination. Final disposition of the claim is made within 6 months
from the date of the filing of request for reconsideration.

**142.9 TYPES OF CLAIMS ALLOWED:** The following types of claims are
included within the meaning of the Act

> **A. Loss of property due to fire, flood, hurricane, etc**., while
> located in Government quarters or stored in a warehouse or other
> authorized place.
>
> **B. Loss of property incidental to shipment or transportation**
> pursuant to travel orders.
>
> **C. Loss or damage to property which is reasonably held or used
> incidental to service with BPA.**

**142.9 TYPES OF CLAIMS (continued)**

> **D. A claim may be paid even though the property was not in the
> claimant\'s possession** if the claimant was the owner of the
> property. Conversely, a claim may also be paid even though the
> claimant was not the owner, if the property was lawfully in his/her
> possession, and provided that BPA will not also be required to pay the
> owner.

**142.10 RECOVERY FROM THIRD PARTIES**

> **A. If a claimant has received compensation from a third party**
> (insurer, common carrier, etc.), the amount allowed by BPA is reduced
> to the extent of the amount recovered from the third party.
>
> **B. If BPA pays a claim in full**, any amount thereafter recovered
> from a third party with respect to the property should be repaid to
> BPA up to the amount of BPA\'s payment. If BPA pays a claim in part,
> and if the claimant thereafter recovers from a third party with
> respect to the property, then claimant should repay to BPA any amount,
> up to the full amount of BPA\'s payment, which exceeds the total of
> the value of the property, plus loss of use of the property, plus
> costs of recovery of claimant\'s damages.
>
> **C. Claimant should cooperate in reasonable efforts to recover
> damages from third parties who appear liable.** If claimant is
> successful in recovering damages from a third party subsequent to
> BPA's payment on a claim, the claimant is required to reimburse BPA
> for any payment made by BPA.

**142.11 REPORTING LOSS OR DAMAGE TO PERSONAL PROPERTY**

> **A.** All thefts, loss, damage, or vandalism occurring to property,
> regardless of location**, should be promptly reported to Security
> Management** on Form [BPA F
> 5632.01](../../../../../../../../apps/EFORMS97/Templates/5632_01E.DOT),
> Security Incident Report.
>
> **B.** In addition, theft, loss, damage, or vandalism to property
> **should also be reported to the appropriate office as indicated
> below**

  ----------------------------------- -----------------------------------
  Lloyd Center Complex                Security Manager

  Ross Complex                        Building and Grounds Manager

  Regional offices or other field     Appropriate supervisor and/or
  locations                           Regional Manager
  ----------------------------------- -----------------------------------

> **C. Offices receiving reports** should immediately notify BPA
> Security Management for assistance and/or coordination with law
> enforcement agencies.
>
> **D. This action should be taken regardless of whether an employee
> intends to file a claim.**