CFR > Title 32 - National Defense > SUBTITLE A—Department of Defense > CHAPTER VII—DEPARTMENT OF THE AIR FORCE (parts 800 to 989) > SUBCHAPTER D—CLAIMS AND LITIGATION (parts 842 to 845) > PART 842—ADMINISTRATIVE CLAIMS > SUBPART L—Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719) (§842.92 to §842.99) > 842.94—Assertable claims.

842.94—Assertable claims.

A claim may be asserted in writing for loss of or damage to government property, against a tort-feasor when:
(a) Damage results from negligence and the claim is for:
(1) More than $100.
(2) Less than $100 but collection costs are small.
(b) The claim is based on a contract and the contracting officer does not intend to assert a claim under the contract. The contracting officer's intention not to assert a claim should be recorded in a memorandum for the record and placed in the claim file.
(c) The claim is for property damage arising from the same incident as a hospital recovery claim. (The two claims should be consolidated and processed under subpart N).
(d) The Tort-feasor or his insurer presents a claim against the government arising from the same incident. (Both claims should be processed together.)
(e) The claim is assertable as a counterclaim under an international agreement. (The claim should be processed under subpart H).
(f) The claim is based on product liability. HQ USAF/JACC approval must be obtained before asserting the claim.