Federal regulations · Through 2026-08-25 · Newer source version available

32 CFR 842.82: 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 is practicable and economical.
(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.
(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 G of this part).
(f) The claim is based on product liability. AFLOA/JACC approval must be obtained before asserting the claim.

Where this section sits in the code

Title 32—National Defense
Subtitle A—Department of Defense
CHAPTER VII—DEPARTMENT OF THE AIR FORCE
SUBCHAPTER D—CLAIMS AND LITIGATION
PART 842—ADMINISTRATIVE CLAIMS
Subpart J—Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719)

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 is practicable and economical.

(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.

(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 G of this part).

(f) The claim is based on product liability. AFLOA/JACC approval must be obtained before asserting the claim.

Collected 2026-08-27T02:25:30Z. Source file · JSON

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